Bombay High CourtCA/13268/2019disposed offdismissed for default

Bhaugbai Dashrath Gore Died Through Lrs Kadubal Govind Gore v. Ashru Nathu Gore Died Lrs Dagdabai Ashru Gore And Others

2019-11-13Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13268 OF 2019 IN WP/14617/2017 WITH WRIT PETITION NO.14617 OF 2017 BHAUGBAI DASHRATH GORE DIED THROUGH LRS KADUBAL GOVIND GORE

VERSUS

ASHRU NATHU GORE DIED LRS DAGDABAI ASHRU GORE AND OTHERS ...

Advocate for the Petitioners/ Applicants : Shri A.B.Jagtap and Shri A.B.Chormal h/f Shri Sapkal V.D.

Advocate for Respondent 1B : Shri R.R.Karpe Advocate for Respondents 1C, 1D, 2A to 2C, 3 and 4 : Shri B.S.Dhawale AGP for Respondent 5 : Shri S.W.Munde ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 13th November, 2019 Per Court:

Leave to correct the title clause. Correction be carried out forthwith.

The petitioners desire to bring the legal heirs of the deceased respondent no.2 (Manjulabai ) on record. Delay of 07 years and 184 days has been caused in filing this Civil Application. Issue notice to the legal heirs of the deceased respondent no.2 (Manjulabai). The learned advocate Shri Dhawale causes an appearance on behalf of the legal heirs and files his Vakalatnama.

*2* The learned advocate for the legal heirs submits that as they intend to participate in the proceeding before this Court, the delay may be condoned, but with heavy costs and the costs may be donated for the treatment of poor patients in the Government Hospital at Aurangabad. The learned advocate for the petitioners fairly submits that an amount of Rs.5000/- would be deposited with the High Court Dispensary on or before 10.12.2019. The said statement is accepted. In view of the above, this Civil Application is allowed. The legal heirs of the deceased respondent no.2 shall be brought on record in the writ petition within two weeks from today. The petitioners shall deposit an amount of Rs.

5000/- (Rupees Five Thousand) as donation for the Ghati Hospital, Aurangabad (Government Medical College and Hospital, Aurangabad), to be deposited with the Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft, to be drawn in the name of "Dean, Government Medical College and Hospital Dengi Samiti, Aurangabad" and produce a receipt of such deposit before the Registry of this Court on or before 10.12.2019 List the writ petition in the urgent admissions category on 16.12.2019. Shri Dhawale, learned advocate, causes an appearance on behalf of the legal heirs of the deceased respondent no.2 in the writ petition.

Shri Dhawale, learned advocate appearing on behalf of

*3* respondent no.1B (Smt.Vimal), submits that his appearance may be discharged on her behalf as Shri Karpe, learned advocate, appears. Shri Karpe confirms the said statement. As such, the appearance of Shri Dhawale on behalf of respondent no.1B (Smt.Vimal) stands discharged. kps (RAVINDRA V. GHUGE, J.)