Bansilal Pokhardas Motwani v. Satish Pralhadrao Bodle And Others

12611.2013CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12611 OF 2013 IN WRIT PETITION NO.5436 OF 2013 ...

BANSILAL S/O. POKHARDAS MOTWANI

VERSUS

SATISH S/O. PRALHADRAO BODLE & OTHERS ...

Advocate for Applicant : Mr.A.S.Barolota Advocate for Respondent No.1 : Mr. A.N.Nagargoje AGP for Respondent/State: Mr.V.S.Badakh.

...

CORAM : S.S. SHINDE, J.

Date : July 5, 2016 ...

PER COURT :

1.

Heard the learned counsel appearing for the applicant and the learned counsel appearing for the nonapplicants. 2.

Upon perusal of the contents of this application, it appears that the applicant was necessary party to the Writ Petition. However, in absence of the applicant, the Writ Petition was heard and decided.

3.

In that view of the matter, the application is allowed. The judgment and order dated 3rd September, 2013 passed by this Court in Writ Petition No.5436/2013 is recalled. The Writ Petition No.5436/2013 stands restored to its original file. The Application is allowed to the above extent, and the same stands disposed of accordingly.

12611.2013CA.odt 4.

Liberty to the parties to move the Petition for hearing before the appropriate Bench.

5.

Parties shall act upon authenticated copy of this order.

[S.S. SHINDE, J.] DDC