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Bombay High CourtMCA/255/2016dispossed offdismiss for default

Ramprasad Sitaldin Yadav (Dead), Thr. Lrs. Nankibai Wd/O. Late Ramprasad Yadav And Others v. The Municipal Commissioner, Nagpur Municipal Corporation, Nagpur And Others

2016-02-18Hon'Ble Shri Justice A.S. Chandurkar2 pages

1802cao319.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 319 OF 2016 IN MISC. C. A. ST. NO. 2568 OF 2016 IN WRIT PETITION NO. 5917 OF 2015 Ramprasad Sitaldin Yadav thr L.Rs. & Ors. Vs. Municipal Commissioner N.M.C. Nagpur & Ors.

........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. S. Band Adv for applicants.

CORAM: A. S. CHANDURKAR J.

DATED: 18th FEBRUARY, 2016.

The applicants have filed the present application seeking condonation of delay in filing review application. In the review application it is mentioned that as the proceedings in Regular Civil Suit No. 839 of 2006 have been expedited the applicants-original plaintiffs are aggrieved as they did not have opportunity to address the Court on said aspect. It is stated that certain documents are still not procured by the applicants for being filed in the civil suit.

By order dated 30.11.2015 the writ petition came to be

1802cao319.16 dismissed without interfering with the impugned order dated 16.01.2014. As the writ petition was dismissed, the prayer for review by the respondent nos. 4(a) to 4(f) and respondent no.5 is misconceived. The application for condonation of delay as well as the review application are dismissed. Civil Application No. 320 of 2016 is also disposed of . As the suit was pending since the year 2006 the proceedings were expedited. In case there is any difficulty in completing the trial by the end of April 2016, it is open for the trial Court to seek extension of time. JUDGE svk