Uttamchand Ganeshlal Tongare Marwadi Died Through Lrs Nanchand Uttamchand Tongare And ANR v. Motichand Fulchand Shah Died Lrs Maltibai Motichand Shah Died Lrs Dr Mayure Alias Meerabai And Othr

2025:BHC-AUG:25304

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1020 CIVIL APPLICATION NO. 10120 OF 2025 IN WPST/2318/2024 UTTAMCHAND GANESHLAL TONGARE MARWADI DIED THROUGH LRS NANCHAND UTTAMCHAND TONGARE AND ANR

VERSUS

MOTICHAND FULCHAND SHAH DIED LRS MALTIBAI MOTICHAND SHAH DIED LRS DR MAYURE ALIAS MEERABAI AND OTHR Mr. S. R. Shirsat, Advocate for the Applicants CORAM : R. M. JOSHI, J.

DATE : 18th SEPTEMBER, 2025 P.C. :- 1.

This Application is for restoration of Writ Petition (ST) No. 2318/2024 which came to be dismissed for want of removal office objections.

2.

Learned Counsel for the Applicants submits that the Applicants/original Petitioners have attempted their best to procure the order impugned, however, were unsuccessful to get the same for a quite long period of time and this has resulted into non removal of office objection. He makes statement that now the said order has been received by way of an information under the Right to Information Act and thereafter certified copy to be obtained thereof. It is his submission that since the Petition was dismissed before issuance of notice to the Respondents, the notice to the Respondents be dispensed with. 1020 CA 10120.2025.odt

3.

In the peculiar facts of the case, since the notice was not issued in the original Petition notice of present application to the Respondents is dispensed with.

4.

Perusal of the Application indicates that there is sufficient reason shown by the Applicants for condonation of delay in restoration of the Writ Petition (ST) No. 2318/2024. Hence, Application is allowed in terms of prayer clause 'B'.

5.

Learned Counsel for the Applicants/original Petitioners undertakes to remove office objections within a period of two weeks. If office objections are not removed within this period, the Petition shall stand dismissed without reference to the Court. (R. M. JOSHI, J.) ssp 1020 CA 10120.2025.odt