M/S Rishabh Builders And Developers, Latur And Others v. Shilabai Dashrathrao Suryawanshi And Others

2025:BHC-AUG:14866 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 11050 OF 2016 IN WP/6047/2014 WITH WRIT PETITION NO.6047 OF 2014 M/S RISHABH BUILDERS AND DEVELOPERS, LATUR AND OTHERS

VERSUS

SHILABAI DASHRATHRAO SURYAWANSHI AND OTHERS Mr.Kunal Kale h/f Ms.Anjali Dube, Advocate for the applicants. ( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : JUNE 12, 2025 PER COURT :

1.

This is an application for restoration of the writ petition, which was dismissed for non removal of the office objections. The petitioners are seeking condonation of delay of 193 days and restoration of writ petition.

2.

Heard the learned Advocate for the applicants. Considering the reasons mentioned in the civil application in paragraph Nos. 3 to 6, the same needs to be allowed. The learned Advocate for the applicants submits that although they are seeking restoration of the khs/June 2025/11050

- 2 - writ petition, the controversy involved in the regular civil suit does not remain to be prosecuted and therefore ultimately the writ petition can be disposed of, as infructuous.

3.

In view of these submissions, the civil application is allowed by condoning the delay of 193 days. The writ petition be restored to it's original number.

WRIT PETITION NO.6047 OF 2014 4.

The learned Advocate for the petitioners submits that RCS No.528/2012 is dismissed as withdrawn and the instant petition has become infructuous.

5.

In view of this, the writ petition is disposed of, as infructuous.

( PRAFULLA S. KHUBALKAR, J. ) khs/June 2025/11050