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Bombay High CourtCA/4680/2015disposed offdismissed for default

Kishor Kisanrao Patil v. Vazir Abbas Tadvi Pathan And Others

2018-12-07Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 919ca4680o15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4680 OF 2015 IN WP/1200/2001 KISHOR KISANRAO PATIL

VERSUS

VAZIR ABBAS TADVI PATHAN AND OTHERS ...

Advocate for the Applicant : Shri Jadhav Chetan T. Advocate for Respondents 1 and 2 : Shri K.M.Nagarkar. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 07th December, 2018 Per Court:

The Applicant prays for restoration of Writ Petition No.1200/2001, which was dismissed by the order of this Court (Coram : N.W.Sambre, J.) dated 04.12.2014.

The learned Advocate for the Respondents has strenuously opposed this application and in the alternative, submits that if the application is allowed, heavy costs be imposed and the same be donated for the treatment of poor patients.

In view of the above, this Civil Application is allowed on the following conditions :- (a) The Applicant shall deposit costs of Rs.1000/- (Rupees One Thousand) as donation for the Ghati Hospital, Aurangabad (Government

*2* 919ca4680o15 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 produce a receipt of such deposit before the Registry of this Court on or before 21.12.2018, failing which, this order shall stand recalled, the order dated 04.12.2014 shall stand restored and then, the petition shall stand dismissed, without further reference to the Court on 22.12.2018. (b) Subject to compliance of the above direction, the writ petition shall be listed on 09.01.2019 for final hearing at an admission stage. kps (RAVINDRA V. GHUGE, J.)