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Bombay High CourtWP/8369/2020disposed off

Mandabai Ashok Hajare And Others v. Trimbakrao Yeshwatn Bhosale And Others

2021-02-18Hon'Ble Shri Justice R. G. Avachat2 pages

936-WP-8369-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8369 OF 2020 Mandabai Ashok Hajare and Others ..PETITIONERS

VERSUS

Trimbakrao Yeshwant Bhosale and Others ..RESPONDENTS ....

Mr. P.A. Bharat, Advocate for petitioners Mr. S.R. Andhale, Advocate for respondent nos. 1 to 3C ....

CORAM : R.G. AVACHAT, J.

DATED : 18th FEBRUARY, 2021 PER COURT :

1.

The order under challenge has been passed on 13th October, 2020, whereby delay in preferring the appeal has been condoned. Admittedly, the petitioners had not been given an opportunity of hearing before the impugned order came to be passed.

2.

In view of the same, order impugned in this writ petition is set aside with direction to the Sub-Divisional Officer, Pathardi to hear the parties on issue of condonation of delay and then pass necessary order in that regard.

3.

Parties to appear before the Sub-Divisional Officer, Pathardi on 1 / 2

936-WP-8369-20.odt 25th March, 2021. The Sub-Divisional Officer, Pathardi is expected to decide the application of condonation of delay within three weeks therefrom. 4.

Writ petition is disposed of accordingly.

( R.G. AVACHAT, J. ) SSD 2 / 2