Namdeo Kadappa Suryawanshi v. The State Of Mah And ANR
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.5096 OF 2015 IN WRIT PETITION NO.6859 OF 2012 Namdeo s/o Kadappa Suryawanshi Applicant
Versus
The State of Maharashtra & others Respondents Mr.Amit Mukhedkar, advocate holding for Mr.L.C.Patil, advocate for the applicant.
Mrs.M.A.Deshpande, A.G.P. for Respondents.
CORAM : R.M.BORDE & P.R.BORA, JJ.
DATE : 12th June, 2015 PER COURT:
This is an application for bringing on record legal representatives of deceased petitioner.
Heard. For the reasons recorded in the application, application deserves to be allowed and same is accordingly allowed. Legal representatives of deceased applicant are permitted to be brought on record.
Civil Application is disposed of.
P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca509615
{2}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.5098 OF 2015 IN WRIT PETITION NO.6859 OF 2012 Namdeo s/o Kadappa Suryawanshi Applicant
Versus
The State of Maharashtra & others Respondents Mr.Amit Mukhedkar, advocate holding for Mr.L.C.Patil, advocate for the applicant.
Mrs.M.A.Deshpande, A.G.P. for Respondents.
CORAM : R.M.BORDE & P.R.BORA, JJ.
DATE : 12th June, 2015 PER COURT:
This is an application for restoration of the writ petition dismissed for want of prosecution and for condonation of delay occurred in presenting the application. On earlier occasion, while entertaining Civil Application No.10035 of 2012, a direction was issued in respect of restoration of the writ petition subject to condition of removal of office objections. The applicant failed to remove office objections within the time stipulated and it is now being contended that the file was not traceable in the office. We do not accept the excuse put forth by the applicant. However, in order to meet the ends of justice, we grant the applicant further opportunity. Civil Application is allowed. Delay occurred in preferring the instant application is condoned. The order passed by the Registrar dated 23.07.2012, refusing registration of the writ
{3} petition is quashed and set aside subject to applicant's removing office objections within a period of three weeks from today and further subject to payment of cost of Rs.5000/- to be deposited within aforesaid period. In the event of failure to comply with the conditions, order passed in the instant Civil Application shall be deemed to have been recalled.
Civil Application is disposed of.
P.R.BORA R.M.BORDE JUDGE JUDGE adb/ca509615