Pravin Popatlal Golecha (Deceased) Through His L.Rs. 1-A) Manisha Pravin Golecha And Others v. Nilesh Dattatraya Surve And Others

( 1 ) cria2628.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CRIMINAL APPLICATION NO.2628 OF 2022 IN WP/972/2019 PRAVIN POPATLAL GOLECHA (DECEASED) THROUGH HIS L.Rs. 1-A) MANISHA PRAVIN GOLECHAAND OTHERS

VERSUS

NILESH DATTATRAYA SURVE AND OTHERS Mr.H.D. Deshmukh h/f. Mr. S.D. Karkare, Advocate for the applicants.

CORAM

:

KISHORE C. SANT, J.

DATED :

03.04.2023 PC :- 01.

The office report shows that the respondents are duly served. However, none appears. This is an application for restoration of Cr.W.P. No.972 of 2019, that was dismissed for want of prosecution by order dated 03.12.2021. The present applicants are legal heirs of the original petitioner, who died during pendency of the petition. The learned Advocate who was appearing for the petitioner left the practice during the period of Covid-19 and therefore no one could attend the proceedings on 03.12.2021 and it is for this reason the order was passed. Further case of the applicants is that there had no intention not to prosecute the petition. However, the applicants are very much desirous of prosecuting the said writ petition.

( 2 ) cria2628.22 02.

Considering the reasons given in the application, this Court finds that case is made out to restore the criminal writ petition to its original status by allowing the application.

03.

Hence, the application is allowed. Criminal Writ Petition No.972 of 2019 is restored to its original status.

04.

The criminal application is accordingly allowed and disposed of. [KISHORE C. SANT, J.] snk/2023/APR23/cria2628.22