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Bombay High CourtCA/4359/2024disposed off

Balaji Dhondiba Kasturkar v. The State Of Maharashtra And Others

2024-07-18Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:14651-DB 1 ca 4357.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4357 OF 2024 WITH CIVIL APPLICATION NO. 4359 OF 2024 IN WRIT PETITION NO. 57 OF 2017 Balaji Dhondiba Kasturkar .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Mahesh P. Kale, Advocate h/f Shri Ganesh P. Shinde, Advocate for the Applicant.

Shri D. R. Korde, A.G.P. for the Respondent Nos. 1 to 3 and 5. CORAM : MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE : 18 JULY, 2024.

FINAL ORDER :

.

Heard both the sides i. e. learned advocate for the applicant/original petitioner and the learned Assistant Government Pleader.

2.

Respondent Nos. 4 and 6 have been duly served, but have not appeared.

3.

These applications have filed for condonation of delay caused in seeking restoration of writ petition which has been dismissed in default for want of copies to be served to the

2 ca 4357.24 unserved respondents and for restoration of the writ petition to its original position.

4.

For the reasons mentioned in the applications, civil applications are allowed. Impugned order is recalled. The writ petition is restored to its original file by condoning delay, subject to condition that copies would now be supplied within a period of three (03) weeks from today, failing which the applications shall stand dismissed automatically.

5.

If copies are supplied issue notice to the unserved respondents in the writ petition for final disposal, returnable on 16.08.2024.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] bsb/July 24