Prakash Eknath Rane v. Bhuma Chinnu Gavali Died Lrs Vijay And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATIONNO.10968 OF 2016 IN SECOND APPEAL NO.253 OF 2004 Prakash Eknath Rane ..Applicant Vs.

Bhuma Chnnu Gavali (died) through his legal representatives Vijay and ors.

..Respondents Mr Mangesh M. Jadhav, Advocate h/f Mr S.P. Shah, Advocate for applicant CORAM : SUNIL P. DESHMUKH, J.

DATE : 16th December, 2016 PER COURT 1.

In the interest of justice, although learned counsel for the applicant states that the clerk of the advocate is at fault, yet it will have to be taken into account that vicarious liability ensues in the circumstances. The reason although may not be palatable but having regard to that interim relief is operating for long time, it would be expedient to grant the application.

2.

In view of aforesaid, civil application is allowed in terms of prayer clause (A) subject to costs of Rs.5,000/- to be equally shared by the respondents. Objections are also expected to be removed within a period of six weeks from today.

3.

Civil application stands disposed of.

SUNIL P. DESHMUKH, JUDGE vvr