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Bombay High CourtCA/1206/2013disposed offdismissed for default

Bali S/O Bapu Shinde Died Thr Lrs Harichandra Bali Shinde And ORS v. Shripati S/O Maruti Puri And Others

2018-07-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1206 OF 2013 IN WP/3911/1991 AND CIVIL APPLICATION NO. 13750 OF 2013 IN WP/3911/1991 BALI BAPU SHINDE DIED LRS

VERSUS

SHRIPATI MARUTI PURI AND OTHERS ...

Advocate for Applicants : Shri Mete V.G.

Advocate for Respondents : Shri Deshmukh U.B. h/f Shri Mane R.D. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: July 20, 2018 ...

PER COURT :- 1.

These applicants pray for restoration of Writ Petition No.3911 of 1991, which was dismissed in default on 28.9.1992. This Civil Application has been filed after 20 years on 5.11.2012 praying for setting aside the order of the Registrar and for restoring the Writ Petition.

2.

I have heard the learned Advocates for the respective sides. 3.

I find that the applicants have put the entire blame on the learned Advocate appearing on their behalf. It is further stated that delay is not intentional, but is incidental. It is then contended that some

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - CIVIL APPLICATION NO.1206 OF 2013 & ANR notice was received from an Advocate and therefore, the applicants came to the office of this Court for enquiring in to the matters and were told that the petition has been dismissed on 28.9.1992. 4.

I do not find that the reasons assigned by the applicants for seeking restoration of the Writ Petition after 20 years, are not convincing. The Civil Application is, therefore, rejected. 5.

Pending Civil Applications do not survive and stands disposed off. ( RAVINDRA V. GHUGE, J. ) ...