Bombay High CourtCA/12865/2018disposed offdismissed for default

Vaijinath Ashruba Ghodke v. Mirza Mumtaj Baig Mirza Usman Baig And Others

2018-10-19Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12865 OF 2018 IN WP/8362/2018 VAIJINATH ASHRUBA GHODKE

VERSUS

MIRZA MUMTAJ BAIG MIRZA USMAN BAIG AND OTHERS ...

Advocate for the Applicant : Shri Tungar Hrishikesh V. AGP for the Respondents/ State : Shri K.S.Patil. Advocate for Respondents 2 to 24 : Shri P.P.Damalkar h/f Mrs.C.S.Deshmukh.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 19th October, 2018 Per Court:

This is yet another case wherein, the Applicant/ Petitioner prays for recalling of the order of this Court by which, the writ petition has been dismissed for non removal of office objections. This civil application is filed within time.

For the reasons stated in the Civil Application, the same is allowed and the writ petition is restored to the stage at which it was dismissed, on the following conditions :- (a) The Applicant/ Petitioner shall deposit an amount of Rs.201/- (Rupees Two Hundred One) as donation for the Ghati Hospital, Aurangabad (Government Medical College and

*2* 960ca12865o18 Hospital, Aurangabad), to be deposited with the Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft, to be drawn in the name of "Dean, Government Medical College and Hospital Dengi Samiti, Aurangabad" and shall produce a receipt of such deposit before the Registry of this Court on or before 01.11.2018. (b) The Applicant/ Petitioner shall simultaneously remove all office objections in the writ petition on or before 01.11.2018. (c) If the Applicant/ Petitioner fails to comply with the above directions, this order shall stand recalled, the civil application shall stand rejected and then, the writ petition shall also stand dismissed without reference to the Court on 02.11.2018.

(d) If all the above directions are complied with, list the Writ Petition for admission on 24.11.2018 and ad-interim/ interim relief, if any granted earlier, shall also continue. kps (RAVINDRA V. GHUGE, J.)