Tukaram Kerba Masal And ORS v. Kisan Sadashiv Biichkule And ORS

CAW3158_16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3158 OF 2016 IN WRIT PETITION NO.9221 OF 2016 (Tukaram Kerba Masal and others Vs. Kisan Sadashiv Bichkule and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Ms Smita Mane for Applicants.

Mr. S. D. Rayrikar, AGP for Respondent No.10-State. CORAM : R. G. KETKAR, J.

DATE : 23RD DECEMBER, 2016 P.C.:

Heard Ms Mane, learned Counsel for applicants and Mr. Rayrikar, learned AGP for respondent No.10-State. 2.

By this application, applicants have prayed for recalling the order dated 04.08.2016 passed by this Court thereby restoring Writ Petition to its original position. 3.

Ms Mane submitted that by order dated 04.08.2016, this Court issued notice to the respondents and also permitted the petitioners to serve respondents privately. Applicants were directed to remove all office objections within 4 weeks, failing which Petition was to stand dismissed without further reference to the Court. 1/2

CAW3158_16.doc 4.

Ms Mane submitted that the Petition was dismissed for not removing office objections. She states that office objections were removed after the expiry of the period stipulated in the order.

5.

In view thereof and for the reasons stated in the Application, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Writ Petition is restored to its original position. (R. G. KETKAR, J.) Minal Parab 2/2