Bombay High CourtCA/5084/2016disposed offdismissed for default

Dilip Sankar Dhawale v. The State Of Maharashtra And Others

2016-08-12Hon'Ble Shri Justice Sunil P. Deshmukh6 pages

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5082 OF 2016 IN CIVIL APPLICATION NO. 2504 OF 2016 IN WRIT PETITION NO.9073 OF 2015 Nanasaheb Mahadeo Mane APPLICANT CIVIL APPLICATION NO. 5083 OF 2016 IN CIVIL APPLICATION NO. 2509 OF 2016 IN WRIT PETITION NO.9078 OF 2015 Narayan Ramling Shelke APPLICANT CIVIL APPLICATION NO. 5084 OF 2016 IN CIVIL APPLICATION NO. 2501 OF 2016 IN WRIT PETITION NO.9150 OF 2015 Dilip Sankar Dhawale APPLICANT CIVIL APPLICATION NO. 5405 OF 2016 IN CIVIL APPLICATION NO. 2506 OF 2016 IN WRIT PETITION NO.9077 OF 2015 Shrimant Rangnath Tambare APPLICANT

{2} .......

Mr. S. B. Ghatol Patil, Advocate for the applicants Mr. S. K. Tambe, AGP for respondent-State Mr. S. S. Bhise, Advocate for respondent No.5 Mr. U. m. Maske, Advocate for respondents No.6 and 7 Mr. M. B. Kolpe, Advocate for respondent No.4 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 12 th AUGUST, 2016 ORDER :

This is third occasion that extension is being sought to deposit the amount voluntarily undertaken to be deposited by the applicants under order dated 4th March, 2016. Thereafter, the period was got extended to 10th June, 2016 under order dated 22nd April, 2016. A further eight weeks time was taken on 8th June, 2016 stating that due to famine the applicants were not able to muster funds to deposit the amount. While it is now submitted that crops would be ready for harvesting soon and as such it is requested for indulgence and leniency for the request for extension of period for making deposit of amount pursuant to order dated 4th March, 2016.

Learned advocate for the applicants seeks eight weeks' time. Learned advocates for the respondents find it difficult to accede to the request and resist the request being made under

{3} the civil applications.

However, since it is stated that the applicants would certainly be able to deposit the amount, I deem it appropriate to give an ultimate opportunity for making deposit, as has been undertaken under the order dated 4th March, 2016. 4.

As such, civil applications stand granted. Period for making deposit stands extended by eight weeks from today. It is further made clear that no further indulgence would be given to the applicants. In case of failure to deposit the amount within eight weeks from today, the civil applications shall stand rejected without further reference to the court and further that clause 3 of the order dated 4th march, 2016 shall become operative forthwith. Civil applications accordingly stand disposed of. [SUNIL P. DESHMUKH, J.] drp/ca5082-16

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9073 OF 2015 Nanasaheb Mahadeo Mane PETITIONER WRIT PETITION NO.9078 OF 2015 Narayan Ramling Shelke PETITIONER WRIT PETITION NO.9150 OF 2015 Dilip Sankar Dhawale PETITIONER WRIT PETITION NO.9077 OF 2015 Shrimant Rangnath Tambare PETITIONER WRIT PETITION NO.9021 OF 2015 Kishor Trimbak Shelke PETITIONER WRIT PETITION NO.9025 OF 2015 Niyazoddin Mainoddin Shaikh PETITIONER

{5} WRIT PETITION NO.9057 OF 2015 Manik Krushna Mahajan PETITIONER WRIT PETITION NO.9072 OF 2015 Somnath Yashwant Jadhav PETITIONER WRIT PETITION NO.9074 OF 2015 Harishchandra Rangnath Bandgar PETITIONER WRIT PETITION NO.9076 OF 2015 Rupchand Manohar Kawale PETITIONER .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 12 th AUGUST, 2016 ORDER :

Leave to amend and add parties.

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Issue notice to added parties, returnable on 7th October, 2016.

[SUNIL P. DESHMUKH, J.] drp/ca5082-16