Madhukarrao Eknathrao Kulkarni v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7383 OF 2015 IN WRIT PETITION NO.1105 OF 2001 MADHUKARRAO S/O EKNATHRAO KULKARNI APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS RESPONDENT Mr.M.K.Deshpande, Advocate for the applicant. Mr.G.K.Naik Thigle, Advocate for respondent No.3. Mrs.V.A.Shinde, AGP for respondent Nos.1,2 and 4. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 17/07/2015 PER COURT :

1.

The applicant prays for recalling of the order dated 25/03/2014, by which the petition was dismissed for want of nonprosecution. This application has been filed within 3 days from the date of dismissal of the petition.

2.

Mr.G.K.Naik Thigale, learned Advocate on behalf of respondent No.3 and the learned AGP on behalf of respondent Nos.1,2 and 4, oppose the application.

3.

Considering the above, the application is allowed. I am not khs/July 2015/7383-15 (d)

imposing costs looking at the age of the applicant and the fact that this application has been filed within 3 days of the dismissal of the petition. Order dated 25/03/2015 is, therefore, recalled and WP No.1105/2001 is restored at the stage, at which it was dismissed. ( RAVINDRA V. GHUGE, J.) khs/July 2015/7383-15 (d)