Birbal Shriram Patil v. The State Of Maharashtra And Others

( 1 ) 904 ca 14852.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO.14852 OF 2018 IN WP/538/2017 BIRBAL SHRIRAM PATIL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Manjramkar Milind A. AGP for Respondents/State : Mrs. G.L. Deshpande Advocate for Respondent Nos.2 to 5: Mr. S.R. Deshpande ...

CORAM :

PRASANNA B. VARALE & MANGESH S. PATIL, JJ.

DATE :

11.12.2018 P.C. :- Heard Mr. Manjramkar, the learned counsel appearing for the applicant/petitioner, learned A.G.P. for respondent-state and Mr. S.R.Deshpande, the learned counsel appearing for respondent nos.2 to 5. 2.

By way of the present application, the applicant/petitioner pray for restoration of the petition. Mr. Manjramkar, invited our attention to the order of this Court dated 12.03.2018 and then submits that on that day when the matter was posted before this Court the learned counsel representing the applicant/petitioner was unable to attend this Court due to ill health. The learned counsel then submits that file of the counsel was also misplaced and

( 2 ) 904 ca 14852.18 for all these reasons which were beyond the control of the counsel he was unable to attend the Court and his absence was thus bona fide. 3.

Though, the learned counsel appearing for respondent nos.2 to 5 and learned A.G.P. oppose the application. Considering the submission of the counsel and the grounds raised in the application and more particularly the ground raised in paragraph no.2, the application is allowed. Petition be restored to its file.

4.

Post the petition for further consideration after Christmas Vacation.

[MANGESH S. PATIL, J.] [PRASANNA B. VARALE, J.] mub