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Bombay High CourtCA/13043/2016disposed offdismissed for default

Ratnakar Dattatraya Deshmukh And Others v. Pralhad Dattatraya Deshmukh And Others

2018-07-06Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13043 OF 2016 (Ratnakar Dattatraya Deshmukh and others Vs. Pralhad Dattatraya Deshmukh and others) IN WRIT PETITION NO.3750 OF 2015 ( CORAM : Ravindra V.Ghuge, J.) DATE : 06/07/2018 PER COURT :

1.

None for the litigating sides.

2.

The applicants pray for condonation of 226 days delay caused in filing the civil application and seeking recalling of this Court's order dated 30/11/2015, by which the writ petition was dismissed for non-removal of office objections.

3.

Since the suit property is an immovable property and for the reasons set out in the application, this civil application is allowed on the following conditions :- [a] The delay of 226 days is condoned and the applicants shall deposit Rs.500/- each with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad CSR khs/JULY 2018/13043-d

Fund") on or before 27/07/2018 and shall report compliance of this direction by producing a receipt of having deposited the amount, before the Registrar (Judicial) of this Court on or before 03/08/2018.

[b] All office objections shall be removed on or before 03/08/2018.

[c] On compliance of both these conditions, the order of this Court dated 30/11/2015 and 06/01/2016 shall stand recalled and the petition shall be restored.

[d] After the compliance of these directions, list the petition for admission on 08/08/2018.

[e] If either of the above directions is not complied with within the time frame, this order shall stand recalled and the order of this Court dismissing the petition shall be restored. ( Ravindra V.Ghuge, J.) khs/JULY 2018/13043-d