Ganpat Mahalu Barshile Died Through Lrs Lilabai Ganpat Barshile v. Tanhubai Nanabhau Pathare, L.Rs. Shripati And Others

3.CA.2803.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2803 OF 2016 IN WRIT PETITION NO. 10296 OF 2013 Ganpat Mahalu Barshile ..APPLICANT

VERSUS

Tanhubai Nanabhau Pathare (Since Deceased) Through L.Rs. and Others ..RESPONDENTS ....

Mr. D.R. Nanvgre, Advocate for applicant.

Mr. N.C. Garud, Advocate for Respondent Nos.1A to 1C, 2 to 9.. ....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 11th MARCH, 2016 ORDER :

1.

The applicant prays for condonation of 53 days delay in filing this application for seeking restoration of the writ petition by recalling the order dated 27.11.2015.

2.

Mr. Garud, learned Counsel appearing on behalf of non­ applicant has opposed this application on the ground that the reasons cited are not satisfactory.

S.S.DESHPANDE 1 / 2

3.CA.2803.16.doc 3.

Considering the above and for the reasons set out in the application, same is allowed. Delay of 53 days is condoned. The applicant/original petitioner shall remove all office objections as well as shall take steps for serving the unserved respondents within two weeks from today, failing which, this application shall stand rejected and the order dated 27.11.2015 shall restored. 4.

If the objections are removed and steps are taken to serve the unserved respondents within two weeks from today, order dated 27.11.2015 shall stand recalled and Writ Petition No. 10296/2013 shall stand restored at the stage at which it was disposed.

(RAVINDRA V. GHUGE, J.) S.S.DESHPANDE 2 / 2