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Bombay High CourtCA/8623/2018disposed offdismissed for default

Pralhad Sakharam Shinde v. Narayan Sakharam Shinde And Others

2018-10-12Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8623 OF 2018 (Pralhad s/o Sakharam Shinde Vs. Narayan Sakharam Shinde and others) Mr.S.M.Biyani, Advocate for the applicant.

Mr.A.A.Fulfagar h/f Mr.P.R.Katneshwarkar, Advocate for respondent Nos. 1 to 3, 5 to 7.

Mr.Deepak Shendage h/f Mr.B.R.Kedar, Advocate for respondent No.4.

( CORAM : Ravindra V.Ghuge, J.) DATE : 12/10/2018 PER COURT :

1.

By this application, the applicant/original petitioner prays for condonation of delay of 1 year and 6 months caused in filing this civil application for bringing the LR's of deceased respondent No.10 on record.

2.

Despite service of court notice, none has caused an appearance for the LR's.

3.

Considering the subject matter of the writ petition and for the reasons set out in the civil application, the same is allowed. By the consent of the respondents, the costs of Rs.2,000/-, which I am imposing upon the petitioner for condonation of delay, shall be khs/OCT.2018/8623-d

donated for the treatment of poor patients, to be deposited with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad Dengi Samiti") on or before 01/11/2018 . The LR's of deceased respondent No.10 shall be brought on record before the same date. Copies for issuance of notices to the LR's shall also be supplied on or before 01/11/2018.

4.

If any of the above stated conditions is not complied with, this order shall stand recalled and the ad-interim protection granted shall stand vacated without reference to this Court on 02/11/2018. 5.

If the above directions are complied with, issue notice to the LR's of deceased respondent No.10 in the writ petition, returnable on 07/12/2018 and the ad-interim relief, granted earlier, would continue till the returnable date.

( Ravindra V.Ghuge, J.) khs/OCT.2018/8623-d