Gulam Rasul Abdul Samad v. Maharashtra State Board Of Wakf And ANR

2024:BHC-AUG:13227 1 921 & 922 ca 8798-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 8798 OF 2016 IN CRA/194/2013 GULAM RASUL ABDUL SAMAD

VERSUS

SOW. KAMALBAI SHIVNARAYAN @ PANNALAL AND ORS ...

Mr. Siddiqui Sohel E., Advocate for Applicant Mr. Javed A. H Deshmukh, Advocate for Respondent No.1 ....

AND 922 CIVIL APPLICATION NO. 8799 OF 2016 IN CRA/195/2013 GULAM RASUL ABDUL SAMAD

VERSUS

MAHARASHTRA STATE BOARD OF WAKF AND ANR ...

Mr. Siddiqui Sohel E., Advocate for Applicant Mr. Deshmukh Javed Abdul H., Advocate for Respondent No.2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 05/07/2024.

P. C. :

1.

Heard learned counsel for the applicant in both these applications.

2.

The applicant is claiming recalling of order dated 04/04/2016 passed in the Civil Revision Application No.194 of 2013 and 195 of 2013, whereby the aforesaid applications were dismissed for default.

2 921 & 922 ca 8798-16 3.

The learned counsel for respondent- Kamlabai in both the applications strongly opposed on the ground that the present applicant was highly negligent in prosecuting his aforesaid applications. However, this aspect can be dealt by awarding suitable cost to the contesting respondent. As such, both the applications stand allowed in terms of prayer clause- B subject to cost of Rs.2000/- to be paid to the respondent Kamlabai, within two weeks.

4.

After deposit of cost, both the CRA Nos.194/20213 and 195 of 2013 be restored to its original stage.

5.

Applications are disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-