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Bombay High CourtCA/13133/2018disposed offdismissed for default

Bismillakhan Samsherkhan Pathan Through Lrs Anwarkhan Bismillakhan Pathan And Another v. Alhaj Kazi Chirogoddin Trust Nandurbar Through Its Trustee And Others

2018-10-26Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 980ca13133o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13133 OF 2018 IN WP/8367/2018 BISMILLAKHAN SAMSHERKHAN PATHAN THROUGH LRS ANWARKHANBISMILLAKHAN PATHAN AND ANOTHER

VERSUS

ALHAJ KAZI CHIROGODDIN TRUST NANDURBAR THROUGH ITS TRUSTEE AND OTHERS ...

Advocate for the Applicants : Shri N.S.Shah h/f Shri Natu Sharad V.. Advocate for the Respondents : Shri R.S.Wani. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26th October, 2018 Per Court:

The Applicants/ original Petitioners are before this Court praying for recalling the order dated 31.08.2018 by which, the writ petition was dismissed since the Petitioners failed to remove all office objections.

The learned Advocate for the Respondents opposes this application. Alternatively, it is submitted that heavy costs be imposed and the same be donated for the treatment of poor patients. Considering the above and as the Civil Application is filed in time, the same is allowed subject to the Applicants/ Petitioners paying an amount of Rs.201/- (Rupees Two Hundred One) as donation for the Ghati

*2* 980ca13133o18 Hospital, Aurangabad (Government Medical College and 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 producing a receipt of such deposit before the Registry of this Court on or before 22.11.2018. All office objections shall also be removed on or before 22.11.2018.

After compliance of the above directions, the order of this Court dated 31.08.2018 shall stand recalled and the writ petition shall be restored at the same stage at which it was dismissed, along with the interim relief, if any granted earlier, and be posted for admission on 03.12.2018.

kps (RAVINDRA V. GHUGE, J.)