← Library
Bombay High CourtCA/9714/2016disposed offdismissed for default

Bhagwat K.Shinde. Died Through Lrs Geetabai Bhagwat Shinde And Others v. Director Gramin Vikas Va Sanshodhan Kendra Ahmednagar And Another

2016-09-01Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9714 OF 2016 IN AND WITH WRIT PETITION NO.5720 OF 1995 Bhagwat Kaduji Shinde, died through LR's and others -- PETITIONERS

VERSUS

Director, Gramin Vikas Va Sanshodhan Kendra,Ahmednagar and another -- RESPONDENTS Mr.N.K.Kakade, Advocate for the petitioner.

Mr.S.D.Kaldate, AGP for respondent No.2.

Mr.A.S.Bajaj, Advocate for respondent No.1.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 01/09/2016 PER COURT :

1.

This application is filed by the applicants seeking condonation of delay of 19 years caused in filing this civil application for bringing the legal heirs of the deceased petitioner Bhagwat K. Shinde on record in the petition.

2.

I have heard the learned Advocate for the applicants. 3.

The reasons assigned in the application even if are considered liberally, they cannot be said to be reasonable and sufficient for khs/SEPT.2016/5720-d

condoning the inordinate delay of 19 years.

4.

Moreover, the deceased Bhagwat Kaduji Shinde alongwith another petitioner in WP No.5719/1995 Hausrao Abaji Ghodke was before the Labour Court in Complaint (ULP) No.56/1988. Hausrao was party to Complaint (ULP) No.57/1998. By the judgment of the Labour Court, both these complaints were dismissed. By the judgment of the Industrial Court, the Revision Petition Nos. 11/1994 and 12/1994 were dismissed by the Industrial Court by the common judgment dated 05/09/1995. Writ Petition No.5719/1995 filed by Hausrao Abaji Ghodge has been dismissed by this Court by judgment dated 01/09/1996.

5.

In the light of the above, Writ Petition No.5720/1995, even if is considered on its merits by bringing the LR's on record, no purpose would be served.

6.

In the light of the above, this civil application is rejected. Writ Petition No.5720/1995 is disposed of as abated. ( RAVINDRA V. GHUGE, J.) khs/SEPT.2016/5720-d