President Gram Shikshan Samiti, Aurangabad v. Devidas M.Sambre Thru L.R.N D Sambre And ORS

902-wp-1810-99.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1810 OF 1999 PRESIDENT GRAM SHIKSHAN SAMITI, AURANGABAD

VERSUS

DEVIDAS M.SAMBRE THRU L.R.N D SAMBRE AND OTHERS ...

Advocate for Respondent No. 1 : Shri S. D. Godhamgaonkar CORAM : RAVINDRA V. GHUGE, J.

DATED : 20th JUNE, 2019.

...

PER COURT :

1.

On 12/04/2017, none was present for the petitioner. On 28/04/2017, the counsel for the petitioner entered a leave note. On 06/05/2019, I had passed the following order as none was present for the petitioner :- ''1.

The learned Advocate for the petitioner was absent on 12/04/2017. Again a leave note was filed on 28/04/2017. Today, when the matter is listed for final hearing in the special final hearing board of old matters to be taken in vacation, none appears for the petitioner. 2.

The learned Advocate for respondent No.1 through L.Rs., (original appellant), seeks time to take instructions. 3.

Stand over to 20/06/2019 for final hearing and passing orders.''

902-wp-1810-99.odt 2.

Even today, none is present for the petitioner. 3.

Considering the above, this petition is dismissed for want of prosecution. In the event, the petitioner moves an application for recalling of this order and for restoration of the petition, the office would register the Civil Application only if the petitioner deposits an amount of Rs. 10,000/-. 4.

Rule is discharged.

5.

Considering the above and keeping in view that the petitioner Management has deposited an amount of Rs. 2,00,000/- in this Court out of which the L.R. of Respondent No.1 has withdrawn Rs. 50,000/-, she would be permitted to withdraw the remaining amount of Rs. 1,50,000/- along with accrued interest, after 15/08/2019.

(RAVINDRA V. GHUGE, J.) shp/-