← Library
Bombay High CourtCA/14757/2018disposed offdismissed for default

Asha Radhakisan Mithe Through The General Power Of Attorney Radhakisan Vithoba Mithe v. Umarkhan Sarferajkhan Pathan And Others

2019-01-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

18CA14757.18

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 966 CIVIL APPLICATION NO.14757 OF 2018 IN WRIT PETITION NO. 841 OF 2018 WITH CIVIL APPLICATION NO. 14758 OF 2018 IN WRIT PETITION NO. 754 OF 2018 WITH CIVIL APPLICATION NO. 14759 OF 2018 IN WRIT PETITION NO. 1002 OF 2018 ASHA RADHAKISAN MITHE THROUGH THE GENERAL POWER OF ATTORNEY

VERSUS

UMARKHAN SARFERAJKHAN PATHAN AND OTHERS Advocate for Applicant : Mr. S.H. Tripathi h/f. Mr. C.V. Dharurkar.

Advocate for Respondent Nos. 4-B, 4-C & 4-D : Mr. Akshay Kulkarni h/f. Mr. R.S. Deshmukh.

CORAM : RAVINDRA V. GHUGE, J.

Dated : 18.01.2019.

PER COURT :

1.

In all these applications, the applicants/original petitioners pray for bringing the LRs of deceased respondent No. 4/Hanifabee @ Salima Ismail Shaikh, on record.

2.

On 07.12.2018, this Court had called upon the learned advocate for the deceased respondent No. 4 to verify as to whether respondent No. 4-A has passed away and whether respondent Nos. 4-B, 4-C and 4-D

18CA14757.18 are the LRs of deceased respondent No. 4-A/Shaikh Ismail Fakir Mohammad.

3.

It is submitted today on instructions that respondent Nos. 4-A to 4-D are the LRs of deceased respondent No. 4 and respondent Nos. 4-B, 4-C and 4-D are the LRs of deceased respondent No. 4-A. 4.

In view of the above, all these Civil Applications are allowed. The delay of 150 days is condoned and the petitioners shall deposit an amount of Rs. 1,000/- per petition with the Government Medical College and Hospital, Aurangabad, through Medical Officer, High Court Dispensary, Aurangabad, either in cash or by Demand Draft (Demand Draft be drawn in the name of "Dean, Government Medical College and Hospital, Aurangabad Dengi Samiti") and shall report compliance of this direction by producing a receipt of having deposited the amount, before the Registrar (Judicial) of this Court on/or before 01.02.2019. These LRs shall be brought on record in the Writ Petition on/or before 01.02. 2019.

5.

All these three Writ Petitions shall be listed for admission on 12.02.2019.

( RAVINDRA V. GHUGE, J. ) S.P.C.