Marutrao Ghule Patil Shikshan Sanstha And Another v. Ashok Rghunath Gadakh And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11127 OF 2016 IN WP/3114/1999 MARUTRAO GHULE PATIL SHIKSHAN SANSTHA AND ANOTHER

VERSUS

ASHOK RGHUNATH GADAKH AND OTHERS ...

Advocate for Respondent 1 : Shri V.P. Latange Advocate for Respondent 2 : Shri V.P.Golewar AGP for Respondent 3 : Shri N.T.Bhagat ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: October 06, 2017 ...

PER COURT :- 1.

None for the applicants.

2.

The applicant / management prays for recalling the order of this Court dated 14.7.2016, by which, the Writ Petition was dismissed in default.

3.

Both the learned Advocates for respondent Nos.1 and 2 opposed this application since the petition was dismissed in default even on an earlier occasion by order dated 15.1.2002. Though it was subsequently restored, this petition has now been dismissed on the second occasion. 4.

Since the Civil Application has been filed in time, the same akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO. 11127 OF 2016 deserves to be allowed, though I am imposing costs, since the petition was dismissed on two occasions.

5.

Considering the above, this Civil Application is allowed by imposing the costs of Rs.2,000/- which the applicants shall donate to Advocate Association's Bar Library of Bombay High Court, Bench at Aurangabad, with the gracious consent of the learned counsel for the respondent. Costs to be deposited within four weeks from today, failing which this order shall stand recalled and the order of this Court dated 14.7.2016 shall restored.

6.

If the above direction is complied with, the Writ Petition shall stand restored and shall be listed for final hearing on 16.11.2017. ( RAVINDRA V. GHUGE, J. ) ...

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