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Bombay High CourtWP/66/2012disposed offdismissed for default

Ganpat Pandharinath Kankate And ORS v. Kalanath Bhikaji Kankate, Died Thr. L.Rs. Chabubai And ORS

2017-11-09Hon'Ble Shri Justice Nitin W. Sambre2 pages

wp66.12 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.66 OF 2012 Ganpat s/o Pandharinath Kankate and ors.

..PETITIONERS

VERSUS

Kalanath Bhikaji Kankate (Since deceased, through L.Rs.) and ors.

..RESPONDENTS Mr Ajinkya Deshmukh, Advocate holding for Mr A.V. Hon, Advocate for petitioners;

Mr S.S. Chapalgaonkar, Advocate for respondents no.1-B to 1-D CORAM : NITIN W. SAMBRE, J.

DATE : 9th November, 2017 ORAL ORDER:

In view of objection raised by Mr Chapalgaonkar, learned Counsel appearing on behalf of respondents no.1-B to 1-D, it could be borne out from the record that against order impugned civil revision application would lie.

2.

In the aforesaid backdrop, a motion is made by learned Counsel for petitioners for conversion of writ petition into civil revision application. Since the petition was filed within limitation, in my opinion, prayer for conversion needs to be granted and is accordingly granted.

wp66.12 (2) 3.

Petitioners shall carry out appropriate amendment within a period of two weeks from today, failing which the proceedings shall shall stand dismissed without further reference to the Court. 4.

Petitioners shall also place on record status of appeal pending before District Judge-2, Kopargaon.

5.

In the meantime, petitioners shall also take steps for effecting service on respondent no.2, for which notice is made returnable on 28th November, 2017. In addition to Court process, petitioners are at liberty to serve said respondent by Registered/Speed Post A.D., as also by taking Hamdast.

6.

It is made clear that it would be responsibility of the petitioners to complete service as the matter is pending since 2012. If service as aforesaid is not completed on respondent no.2, petition shall stand dismissed without further reference to the Court. 7.

By the next date, petitioners shall also take steps for bringing legal representatives of deceased respondent no.1 on record. (NITIN W. SAMBRE, J.) amj