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Bombay High CourtCA/1994/2018disposed offdismissed for default

Avantikabai Shankar Shinde And Others v. Pratap Gunderao Jadhav And Others

2018-06-22Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 9ca1994o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1994 OF 2018 IN WP/13677/2017 AVANTIKABAI SHANKAR SHINDE AND OTHERS

VERSUS

PRATAP GUNDERAO JADHAV AND OTHERS ...

Advocate for the Applicants : Ms.M.U.Kakade h/f Smt.M.D.Thube-Mhase i/by Lex Aquila.

AGP for the Respondents/ State : Shri B.A.Shinde. Advocate for Respondent 4 : Shri D.A.Mane.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 22nd June, 2018 Per Court:

Delay of almost four years is caused in bringing the legal heirs of the deceased Respondent No.4 on record.

The learned Advocate for the legal heirs has appeared on notice and strenuously opposed this application for the reason that Respondent No.4 had passed away during the pendency of litigation before the lower Court. No steps were taken. He, therefore, prays that this application be rejected.

Upon hearing the submissions of the learned Advocates and for the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses B, C, D and E on the condition that the Applicants/

*2* 9ca1994o18 Petitioners shall pay an amount of Rs.4000/- (Rupees Four Thousand) as donation for the Ghati Hospital, Aurangabad (Government Medical College and Hospital, Aurangabad), to be deposited with the Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft, to be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad, CSR Fund" on or before 12.07.2018, failing which, this order shall stand recalled and this Civil Application shall stand rejected without reference to the Court on 13.07.2018. After compliance of the above directions, the petition shall be amended on or before 20.07.2018 and then, shall be listed for admission on 25.07.2018.

kps (RAVINDRA V. GHUGE, J.)