Balaji Yogaji And Others v. Kalabai Laxman Khandare And Another

{1} CA 14479.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO.14479 OF 2017 IN WP/1582/1990 BALAJI YOGAJI AND OTHERS

VERSUS

KALABAI LAXMAN KHANDARE AND ANOTHER ...

Advocate for Applicants : Mr Jitendra Patil h/f Mr. Katneshwarkar P.R. Advocate for Respondents :Mr. K.A. Jahagirdar h/f Mr. M.m. Joshi ...

CORAM : RAVINDRA V. GHUGE, J.

Date: March 01, 2019 ...

PER COURT :- On 15.12.2017, I had passed the following order:- "1.

Leave to add the LR's of deceased respondent No.1. Addition be carried out forthwith.

2.

The applicants pray for condonation of delay of 97 days and further prays for recalling the order dated 07/06/2017 by which the writ petition was dismissed for non compliance of the order dated 24/07/2014. 2.

Issue notice to the non-applicants inclusive of the LR's of respondent No.1 on the address mentioned in the cause title, returnable on 19/01/2018. Learned Advocate waives service for respondent No.2."

The above directions have been complied with. Heard learned Advocates.

{2} CA 14479.17.odt For the reasons set-out, the Civil Application is allowed, subject to the petitioners' depositing an amount of Rs.500/- with the Medical College & Hospital, Aurangabad through the Medical Officer, High Court Dispensary, Aurangabad either in cash or by demand draft (demand draft to be drawn in the name of The Dean, Medical College & Hospital, Aurangabad, Denagi Samiti). After the compliance of the above directions, the Writ Petition No.1582/1990 shall stand restored at the same stage, at which it was dismissed.

The Legal Heirs shall be brought on record in the Writ Petition within two weeks from today.

Upon compliance of the above, issue notice of final hearing to the LRs brought on record, returnable on 25.4.2019. (RAVINDRA V. GHUGE , J) vbd