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Bombay High CourtCA/13371/2019disposed offdismissed for default

Kashinath Waman Patil Through Lrs Vatsalabai Kashinath Patil And Others v. The State Of Maharashtra And Others

2020-02-28Hon'Ble Shri Justice V.K. Jadhav2 pages

ca13371.19 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 952 CIVIL APPLICATION NO.13371 OF 2019 IN WP/7897/2011 KASHINATH WAMAN PATIL THROUGH LRS VATSALABAI KASHINATH PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Advocate for Applicants : Mr. Deshpande Milind K. AGP for Respondents 1 to 3: Mr. A.M. Phule Advocate for Respondent No.5, 20 and 21 : Mr. A. S. Sawant Advocate for Respondent No.22 : Mr. Shrikant Patil .....

CORAM : V. K. JADHAV, J.

DATED : 28th FEBRUARY, 2020 PER COURT:- 1.

Heard learned counsel for the applicants, learned counsel for respondent Nos. 5, 20 and 21 and learned counsel for respondent No. 22. None appears for other respondents. There is delay of 232 days caused in filing the application for setting aside the abatement order and for bringing on record the legal representatives of petitioner No.1. Learned consul submits that the applicant No. 1-a was not aware of the process for bringing legal representatives on record as she is illiterate lady and therefore, delay has been caused. 2.

The counsel appearing for the respective respondents have not filed any reply to this civil application. However, they resisted the application orally.

ca13371.19 -23.

In view of the submissions made on behalf of the applicants and for the reasons stated in the application, the application is allowed in terms of prayer clauses "B" and "C". Civil application is accordingly disposed of.

( V. K. JADHAV, J.) rlj/