Maharashtra Rajya Pani Purwatha Vibhag v. Baburao Apparao Kadam Died Thr. L.Rs. Kondiba Baburao Kadam And Another

1 949 CA-9555-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9555 OF 2016 IN RC/1427/2014 MAHARASHTRA RAJYA PANI PURWATHA VIBHAG

VERSUS

BABURAO APPARAO KADAM DIED THR. L.RS. KONDIBA BABURAOKADAM AND ANOTHER ...

Advocate for Applicant : Mr. D. P. Bakshi.

...

CORAM : K.K. SONAWANE, J.

DATED : 24TH NOVEMBER, 2017.

Order :- Heard learned counsel for applicant.

2.

Perused the application. It is contended on behalf of learned counsel for applicant that due to his personal family difficulty, he could not attend the matter, and consequently, Civil Applications came to be dismissed for want of prosecution. He prayed to restore the applications and appeal (stamp) in the interest of justice. 3.

In view of the nature of subject matter and the reasons mentioned in application as well as personal family difficulty of learned counsel for applicant, I find it justifiable to extend one more reasonable opportunity to applicant to pursue the matter for redressal. Hence, civil application stands allowed in terms of prayer clause 'B'. The impugned order of dismissal of Civil Application No. 4749, 4780 and 4781 of 2014 dated 22-09-2014 is hereby set-aside and quashed. The proceedings of said Civil Applications as well as First Appeal (Stamp) No. 4996 of 2014 be restored at it's original stage. The Registry to take note about the same and do the needful for further process. Accordingly, civil application stands disposed of in above terms. [ K. K. SONAWANE ] JUDGE rrd.