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Bombay High CourtCA/10649/2018disposed offdismissed for default

Vaidyanath Urban Co Operative Bank Through General Manager And Others v. Vishwanath Dhondiba Kale Through Lrs Kusumbai Vishwanath Kale And Others

2018-08-10Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION STAMP NO.24080 OF 2018 (The Vaidyanath Urban Co.op.Bank Ltd., Parali-Vaijnath and others Vs. Vishwanath s/o Dhondiba Kale (died) through LR's) IN CIVIL APPLICATION NO.749 OF 2009 IN WRIT PETITION NO.2180 OF 1993 Mr.Amol Joshi, Advocate for the applicants.

Ms.R.M.Mohale h/f Mr.S.S.Choudhari, Advocate for the respondents. ( CORAM : Ravindra V.Ghuge, J.) DATE : 10/08/2018 PER COURT :

1.

By this civil application, the applicant prays for recalling the order dated 04/06/2018 to the extent of disposing of CA No.749/2009 by virtue of order dated 24/02/2012. 2.

I have heard the learned Advocates for the respective sides. 3.

By order dated 24/02/2012, this Court had given an opportunity to the applicant to serve the LR's of deceased respondent No.1-F. If steps were not to be taken, the civil application and the writ petition was to abate to the extent of deceased respondent No.1 in relation to (1-F). The LR's (1-A) to (1-E) have already been served and they are before this Court. It is canvassed on their behalf that khs/AUGUST 2018/24080-d

they intend to participate in these proceedings. 4.

In view of the above, this civil application is allowed. The order dated 04/06/2018 is recalled only to the extent of paragraph No.2. CA No.749/2009 is allowed to the extent of bringing the LR's (1-A) to (1-E) on record. The petition would therefore stands abated to the extent of the deceased respondent in relation to the LR (1-F). 5.

Consequentially, the delay of 846 days in filing CA No.749/2009 is also condoned and considering the consent of the non applicants, the petitioner shall deposit costs of Rs.5,000/- (Rs.Five Thousand only) with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad CSR Fund"), on or Kranti Hansraj Shekatkar before 07/09/2018.

6.

List Writ Petition No.2180/1993 for final hearing on by Kranti Hansraj Shekatkar Date:

2018.08.14 15:38:12 +0530 27/09/2018.

( Ravindra V.Ghuge, J.) khs/AUGUST 2018/24080-d