Navnath Narayan Sontakke v. Anil Vitthalrao Kolhe And Others

{1} ca7267-19 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7267 OF 2019 IN WRIT PETITION NO.5521 OF 2017 Navnath Narayan Sontakke APPLICANT

VERSUS

Anil Vitthalrao Kolhe and Others RESPONDENTS .......

Mr. Hanmant V. patil, Advocate for the applicant Mr. S. N. Kendre, AGP for respondent - State .......

[CORAM : SUNIL P. DESHMUKH AND S. M. GAVHANE, JJ.] DATE : 2 nd AUGUST, 2019 ORDER :

1.

Learned advocate for the applicant states that copy has already been served on the advocate for original petitioner - non applicant No. 1.

2.

He points out that the matter had been before the court on 28th June, 2019 and had been adjourned due to non appearance on behalf of original petitioner - non applicant No. 1. Subsequently, as well, on 12th July, 2019, original petitioner - non applicant No. 1 had remained away, without appearing in the court and on further date on 26th July, 2019, as well there had

{2} ca7267-19 been no appearance caused on behalf of original petitioner - non applicant No. 1 and the court had observed that non appearance on the next date on behalf of original petitioner would be considered as reflection of non resistance to the civil application. 3.

Even today, when the matter is called out, none appears for original petitioner - non applicant No. 1. 4.

Having regard to aforesaid, we deem it appropriate to allow the civil application.

5.

Civil application, as such, is allowed in terms of prayer clause "B" and is disposed of.

[S. M. GAVHANE] [SUNIL P. DESHMUKH] JUDGE JUDGE drp/ca7267-19