Bombay High CourtCAW/423/2014admittedallwdgrantedrule absolute

Surajsingh S/O Ganeshsingh Thakur v. Ravindra Pralhadrao Chatur

2016-03-18Hon'Ble Smt. Justice V.A. Naik2 pages

WP3425-03 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3425/2003 (D) (SURAJSINGH GANESHSINGH THAKUR VERSUS RAVINDRA PRAHLADRAO CHATUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Karbhari h/f Shri D.C. Daga, counsel for the applicant. Shri J.J. Chandurkar, counsel for the respondent. CORAM : SMT.VASANTI A. NAIK, J.

DATE : MARCH 18 , 2016.

C.A.W. NO.422/2014.

Heard. Perused the contents of the application. The delay in filing the application for substitution is condoned. The civil application is allowed and disposed of. C.A.W. NO.423/2014.

The prayer for substituting the name of the legal heirs of the deceased petitioner on record is granted. The names of the legal heirs, as stated in the application, may be brought on record in place of the deceased petitioner. The amendment should be carried out within a period of two weeks.

The civil application is allowed and disposed of. C.A.W. NO.382/2015.

Heard.

The delay in filing the application for setting aside the judgment is condoned. The civil application is allowed and disposed of.

WP3425-03 C.A.W. NO.383/2015.

It appears that the fact that the petitioner had expired during the pendency of the writ petition was not brought to the notice of this Court before the writ petition was decided on 05.03.2013. It is stated that since the judgment would be non-est as the petition was prosecuted by the sole petitioner, the judgment dated 05.03.2013 may be set aside. In view of the aforesaid statement, the judgment dated 05.03.2013 is set aside. The writ petition may be listed before the appropriate Bench, for final hearing. JUDGE APTE