Tolan Saheb Mohd. Ismail Saheb Bhagwan Lrs Abdul Kader And Others v. Suresh Shankar Mane And Others

{1} ca10697-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10697 OF 2015 IN CONTEMPT PETITION NO.464 OF 2014 IN SECOND APPEAL NO.394 OF 1996 Tolan Saheb Mohd. Ismail Saheb Bagwan & Ors.

APPLICANTS

VERSUS

Suresh Shankar Mane and Others RESPONDENTS .......

Mr. A. N. Sabnis h/f Mr. N. B. Jadhav, Advocate for applicants Mr. N. P. Patil Jamalpurkar h/f Mr. S. N. Patne, for respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 20 th JANUARY, 2017 ORDER :

1.

This application is moved for restoration of contempt petition, which came to be dismissed in default on 29th July, 2015 for non appearance on behalf of the contempt petitioners. 2.

Learned advocate for the contempt petitioners refers to that it was under inadvertence, the contempt petition could not be attended to, which has been fairly referred to in the civil application.

3.

Mr. Jamalpurkar, learned advocate appearing for the

{2} ca10697-15 respondents, having regard to the decision referred to by learned advocate for the applicants in the case of "Rajaram Waman Masurkar V/s Lokmanya Shikshan Prasarak Mandal" reported in 2008 (1) Bom.C.R. 422 and paragraph No.29 therein, graciously purports to concede to the request being made under the civil application and requests to place the contempt petition for hearing on any suitable date.

4.

As such, civil application stands granted in terms of prayer clauses "A" and "B" and is disposed of. Place Contempt Petition No.464 of 2014 for hearing on 21st February, 2017. [SUNIL P. DESHMUKH, J.] drp/ca10697-15