Kausalyabai Ramanlal Ladda And Another v. Shankar Khanuji Kothimbire And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10908 OF 2017 (Kausalyabai Ramanlal Ladda and another Vs. Shankar Kothimbre and others) IN WRIT PETITION NO.594 OF 2017 Mr.D.N.Patki, Advocate for the applicants.

Mr.S.N.Kendre, AGP for respondent Nos. 2 and 3. ( CORAM : Ravindra V.Ghuge, J.) DATE : 23/08/2017 PER COURT :

1.

The applicants pray for condonation of delay of 121 days in filing this civil application seeking recalling of the order of this Court dated 09/02/2017 by which the writ petition was dismissed for failure to supply copies of the petition paper book after issuing notices.

2.

Learned Advocate for the applicants submits that he is an aged person. He is unable to speak properly and is also unable to hear. Because of his illness, he could not know that this Court had issued notice.

3.

I find that this Court had issued notice on 16/01/2017 when khs/AUGUST 2017/10908-d

none appeared for the petitioners.

4.

Considering the above, this civil application is allowed. The order of this Court dated 09/02/2017 is recalled by condoning the delay of 121 days.

5.

The applicants / original petitioners shall file a copy of the petition paper book for issuing notice to respondent No.1, within 3 (three) weeks. After the copy is supplied, issue notice to respondent No.1, returnable on 06/10/2017.

( Ravindra V.Ghuge, J.) khs/AUGUST 2017/10908-d