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Bombay High CourtCA/11875/2018disposed offdismissed for default

Syed Yousuf Ali Syed Thilawat Ali Through Lrs Syed Mustafa Sayed Yusuf Ali And Others v. The State Of Maharashtra And Others

2018-09-26Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11875 OF 2018 IN CIVIL APPLICATION NO. 15022 OF 2017 WITH CIVIL APPLICATION NO. 11895 OF 2018 IN WRIT PETITION NO. 3377 OF 2002 SYED YUSUF ALI S/O. SYED TILAWAT ALI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Applicant : Mr. Shaikh Shermahmed K. AGP for Respondent No. 1 & 4 : Mr. S.R. Yadav. Advocate for Applicant in CA No. 11875/2018 : Mr. D.R. Bhadekar.

CORAM : RAVINDRA V. GHUGE & SUNIL K. KOTWAL, JJ.

Dated : 26th September, 2018.

PER COURT :

1.

By this application, the applicants who were the applicants in Civil Application No. 15022/2017, pray for recalling of the order of this Court dated 03/08/2018, by which, the said Civil Application was rejected for having not complied with the directions of this Court dated 24/02/2018. By the order dated 03/08/2018, time was given to the applicant to place on record the copy of the news paper in which the notice was to be published. Even that liberty was not availed of and the said Civil

Application, therefore, was rejected without reference to the Court on 16/08/2018.

2.

We have heard the learned advocate for the applicant, the learned AGP on behalf of respondent Nos. 1 and 4 and Shri Bhadekar, learned advocate who appears on behalf of Chandu Prabhakar Naidu S/o. Jankiram Naidu, who has also filed a Civil Application No. 11895/2018.

3.

Since, Civil Application No. 15022/2017, was rejected on account of non compliance of our order dated 24/02/2018, and as the applicants have now assured this Court that they would have the notice in Civil Application No. 15022/2017, published in Daily Deccan Chronicle (English), Daily Enadu (Telugu) and Daily Siyasat (Urdu), so as to serve the non applicants who reside in Hyderabad, this Civil Application is allowed. The order of this Court dated 03/08/2018, is recalled and Civil Application No. 15022/2017 is restored.

( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J. ) S.P.C.