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Bombay High CourtCA/7008/2018disposed offdismissed for default

Karim Nawaz Mulla Through Lrs Yusuf Karim Mulla v. The State Of Maharashtra And Others

2018-06-15Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7008 OF 2018 (Karim Nawaz Mulla, through Spl.Power of attorney Vs. The State of Maharashtra and others) WITH CIVIL APPLICATION NO.7009 OF 2018 IN R.C.No.344 OF 2018 Mr.T.M.Venjane, Advocate for the applicant.

Mr.S.K.Tambe, AGP for the respondent/State.

( CORAM : Ravindra V.Ghuge, J.) DATE : 15/06/2018 PER COURT :

1.

The applicant is the LR of the deceased sole petitioner. The writ petition has been rejected by the order of the learned Registrar dated 26/02/2018. Notices were not issued in the said writ petition and the matter was at pre-notice stage.

2.

Considering the above, as the delay is of only 38 days, both these civil applications are allowed and the delay is condoned. The applicant shall take steps as the legal heir of the petitioner and amend the writ petition on or before 29/06/2018. 3.

Subject to removal of all office objections on or before khs/JUNE 2018/7008-d

06/07/2018, the order of the Registrar dated 26/02/2018 shall stand recalled and the writ petition shall be listed for admission on 09/07/2018.

( Ravindra V.Ghuge, J.) khs/JUNE 2018/7008-d