Arvind Kashinath Gajeshwar v. Satish Satishchandra Ramchandra Wani And Others

1 29CA13923.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 13923 OF 2017 IN WRIT PETITION NO. 10199 OF 2015 Shri. Arvind s/o Kashinath Gajeshwar ...Applicant

Versus

Shri. Satish @ Satishchandra Ramchandra Wani ...Respondents .....

Mr. S. P. Brahme, Advocate for the applicant Mr. R. R. Sancheti, Advocate for respondent no. 1 and 13 Mr. K. C. Sant, Advocate for respondent no. 2 in WP No. 10133/2015 Mr. A. N. Sabnis, Advocate for respondent nos. 9 to 11 .....

AND WRIT PETITION NO. 10199 OF 2015 AND CIVIL APPLICATION NO. 304 OF 2018 IN WRIT PETITION NO. 10199 OF 2015 CIVIL APPLICATION NO. 10934 OF 2019 IN WRIT PETITION NO. 10199 OF 2015 CORAM : BHARATI H. DANGRE, J.

DATE : JANUARY 17TH, 2022 PER COURT : - 1.

By the present application, the writ petition which was dismissed in the wake of the conditional order being passed on 14.11.2015, is sought to be restored.

2 29CA13923.2017 2.

Heard the learned Counsel for the applicant and perused the application.

3.

The justification offered is the mistake of the lawyer who did not remove the office objections within the period stipulated, resulted into passing of a conditional order. It is also prayed that there is delay of 01 year and 247 days in bringing the restoration application but the same is prayed to be unintentional. 4.

On perusal of the application, I deem it appropriate to grant the same and to restore the Writ Petition No. 10199/2015 to it's file. Necessarily, the Civil Application No. 13923 of 2017 is made absolute by restoring the writ petition to it's file on condoning the delay which has occasioned in bringing the application for restoration.

5.

Writ Petition No. 10199/2015 is restored to it's file. 6.

Writ Petition No. 10199/2015 is directed to be listed with Writ Petition No. 10133/2015. List both the writ petitions for further hearing on 28 th January, 2022 .

3 29CA13923.2017 CIVIL APPLICATION NOS. 304/2018 AND 10934/2019 : - 7.

In the wake of the petition being restored, there are two other civil applications, who seek bringing of LRs of respondent nos. 12 and 13 on record.

8.

For effective adjudication of the writ petitions, their presence is necessary and hence Civil Applications are made absolute in terms of its prayers by permitting the necessary amendment to be carried out within three days from today.

9.

Issue notice to the legal heirs of respondent nos. 12 and 13, returnable on 28th January, 2022. Counsel for the applicants/ petitioners shall take necessary steps to serve the respondents. [ BHARATI H. DANGRE ] JUDGE