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Bombay High CourtCAW/192/2017allowed

Ramchandra Shankar Pandhare And ORS v. Shri. Mhaskoba Devasthan Trust Pune And ORS

2017-08-28Hon'Ble Shri Justice A.S. Gadkari2 pages

CAW.192-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATIN NO.192 OF 2017 IN WRIT PETITIION NO.11389 OF 2014 Ramchandra Shankar Pandhare & Ors.

..Applicants Vs.

Shri Mhaskoba Devasthan Trust Pune & Ors.

..Respondents.

------- Ms. Sanjana Pardeshi i/b Law Global Advocates for applicants. Mr. Rajesh More for Respondent Nos.1 & 3.

------- CORAM: A.S. GADKARI. J.

DATE: 28 AUGUST 2017.

P.C.:

1] This is an application for restoration of petition which was dismissed for non-prosecution by an Order dated 16th August 2017. 2] Learned Counsel for the respondents vehemently opposed the application and submitted that there is delay of about 115 days and the same is not properly explained.

3] For the reasons stated in the application and in the interest of justice, delay of 115 days in preferring the present application is condoned 1/2

CAW.192-2017 and the application is allowed in terms of prayer clause (a) subject to condition that the applicants shall pay a cost of Rs.5000/- to the High Court Legal Aid Committee within a period of two weeks from today. Payment of costs is condition precedent for restoration of the petition. 4] Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2