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Bombay High CourtCA/1763/2016admittedallowedgrantedrule absolute

Govind Somsing Jadhav, Lrs Snehalata And Others v. Shri Sevadas Shikshand Prasarak Mandal, Nanded And Others

2016-02-12Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1763 OF 2016 WITH CIVIL APPLICATION (ST) NO. 13630 OF 2015 WITH CIVIL APPLICATION (ST) NO. 13629 OF 2015 IN WRIT PETITION NO. 5726 OF 1999 Govind Somsing Jadhav (Since deceased) Through L.Rs.

Snehalata Govind Jadhav and Others ..APPLICANTS

VERSUS

Sevadas Shikshan Prasarak Mandal, Gandhinagar, and Others ..RESPONDENTS ....

Mr. Kalyan Patil, Advocate holding for Mr. S.R. Barlinge, Advocate for applicants.

Mr. S.C. Swami, Advocate holding for Mr. V.D. Gunale, Advocate for Respondent No.1.

Mr. V.S. Badakh, AGP for Respondent No.4-State. ....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 12th FEBRUARY, 2016 ORAL ORDER :

1.

The applicants in all these applications are the legal representatives of the sole petitioner who has passed away. By the 1 / 3

order dated 07.09.2015 passed by the Registrar, the petition stood abated.

2.

In Civil Application No. 1763/2016, the applicants pray for condonation of delay of 143 days. In Civil Application (St) No. 13630/2015, the applicants pray for bringing themselves on record in the petition as legal heirs of the deceased-petitioner. In Civil Application (St) No. 13629/2015, the applicants pray for removing the office objections in the writ petition.

3.

Mr. Gunale, learned Counsel for the Respondent No.1 and the learned AGP opposed all the three applications. 4.

I have considered the submissions of the Learned Counsel.

5.

Writ Petition No. 5726/1999 was pending before this Court for long. Considering the cause of action and the pendency of the writ petition, all these civil applications are allowed. 2 / 3

6.

Delay of 143 days is condoned. The applicants are permitted to bring themselves on record in writ petition as legal heirs of the deceased-petitioner. The order of abatement stands recalled.

7.

After the applicants are brought on record in the writ petition within a period of three weeks from today, all office objections shall be removed by the petitioners within a period of three weeks thereafter, failing which this order shall stand recalled, all the civil applications will then stand rejected and the order of abatement of the Registrar dated 07.09.2015 shall stand restored. ( RAVINDRA V. GHUGE, J.) 3 / 3