Pandharinath Sakruba Sasemahal Through Lrs Gayabai Pandharinath Sesemahal And Others v. Keshav Asaram Bhalerao And Others

ca2286.20 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2286 OF 2020 IN WRIT PETITION NO.3850 OF 2007 PANDHARINATH SAKRUBA SASEMAHAL (DIED THROUGH L.RS.) GAYABAI PANDHARINATH SASEMAHAL AND OTHERS

VERSUS

KESHAV ASARAM BHALERAO AND ORS .....

Advocate for Petitioners : Mr. P F Patni Advocate for Respondents : Mr. A.D. Kasliwal .....

CORAM : V. K. JADHAV, J.

DATED : 21st FEBRUARY, 2020 PER COURT:- 1.

Heard both sides.

2.

During pendency of writ petition the petitioner sole died on 26.9.2018. Learned counsel for the applicants submits that the matter was not listed for hearing for many years. The counsel has tried to contact the petitioner and thereafter his legal heirs informed him that the petitioner sole passed away. Thereafter, the legal heirs collected death certificate and approached the counsel for the petitioner and as such delay was caused.

3.

Counsel for the respondents has not resisted the application by filing any reply. The said death certificate is annexed to the application. Thus, considering entire aspects of the case and for the reasons stated in the application, civil application is allowed in terms

ca2286.20 -2of prayer clauses "A", "B" and "C".

4.

Civil application is disposed of.

5.

List the writ petition for final hearing on 02.03.2020 ( V. K. JADHAV, J.) rlj/