Subhendarkha Dulhekha Pathan And Another v. Pravin Laxman Gorde And Others

1 916 - CASt. 9644.2020 in W.P. 1450.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION ST. NO. 9644 OF 2020 IN WRIT PETITION NO. 1450 OF 2020 SUBHEDARKHA S/O DULHEKHA PATHAN AND ANR.

VERSUS

PRAVIN S/O LAXMAN GORDE AND ORS.

...

Mr.Shaikh Faruk V.Patel, Advocate for applicants.

Mr. S.Y.Mahajan, A.G.P. for State.

...

CORAM : V.L.ACHLIYA,J.

DATE : 30/06/2020 ...

PER COURT :

1.

Heard learned counsel for applicants and learned A.G.P. representing respondent Nos. 3 and 4. Perused common order dated 28/02/2020 passed by this Court [CORAM : R.V.GHUGE, J.].

2.

Perusal of the proceeding reflect that vide order dated 31/01/2020, this Court [CORAM : ROHIT B.DEO, J.] pleased to issue notice to respondents returnable on 28/02/2020 and further passed order directing the parties to maintain status-quo. It appears that the matter was listed before this Court on 28/02/2020 along with other matters for passing

2 916 - CASt. 9644.2020 in W.P. 1450.2020 order in default to supply the copies of paper book. This Court passed common order to dismiss the petition for not supplying the paper book.

3.

On due consideration of submission advanced, I am of the view the order dated 28/02/2020 deserves to be recalled to the extent of applicants/petitioners for the reasons set out in the application. Accordingly, Civil Application is allowed in terms of prayer clause 'B' to the extent of applicants. The proceeding stands restored to its original number to the extent of petitioners. Notice in terms of order dated 31/01/2020 be issued to respondent Nos. 1 and 2, returnable within four weeks i.e. 28/07/2020. The copies of petition be furnished within one week. In the mean while, parties to maintain status-quo as on today till 28/07/2020. Failure to supply copies within stipulated period, the interim order stands vacated without reference to Court.

4.

S.O. 28/07/2020.

[V.L.ACHLIYA] JUDGE KNP