Ganpat Anna Ingole v. Asaram Rajaram Ingole And Others

911.CA.5015.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5015 OF 2016 WITH CIVIL APPLICATION NO. 4187 OF 2016 IN WRIT PETITION NO. 4394 OF 2011 Ganpat Anna Ingole ..APPLICANT

VERSUS

Asaram Rajaram Ingole and Others ..RESPONDENTS ....

Mr. M.K. Deshpande, Advocate for applicant.

Mr. S.M. Sangale, Advocate h/f Mr. G.K. Naik, Advocate for Respondent No.1.

Smt. S.S. Raut, AGP for Respondent Nos.4 and 5. ....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 15th APRIL, 2016 ORDER :

1.

The applicant prays for condonation of delay of 77 days and further prays for recalling the order of this Court dated 16.12.2015 by which the petition was dismissed on account of non removal of office objections.

2.

The learned Counsel for the non-applicants strenuously opposed this application on the ground that the reasons cited are not satisfactory and an old suit bearing no. 412/1982 has been stayed. S.S.DESHPANDE 1 / 2

911.CA.5015.16.odt 3.

I have heard the learned Counsel for the respective sides. In the light of the above and for the reasons set out in the applications, both the applications are allowed. Delay of 77 days is condoned by imposing cost of Rs.500/- on the applicant and by the consent of the non-applicant the said amount is to be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad within a period of two weeks from today. The order of this Court dated 16.12.2015 is therefore recalled. The applicant shall remove all office objections within a period of two weeks from today.

4.

Needless to state that failure to comply with above direction shall result in recalling of this order. Civil Application shall then stand rejected and the order of this Court dated 16.12.2015 shall then stand restored.

5.

Considering the fact that this proceeding pertains to an old suit of 1982, place the writ petition for admission on 02nd May 2015. ( RAVINDRA V. GHUGE, J. ) S.S.DESHPANDE 2 / 2