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Bombay High CourtMCA/251/2025disposed off

Shrikrushna S/O Bhaskar Wagh And ORS v. Gajanan Arun Araj And ORS.

2025-04-07Hon'Ble Shri Justice Anil L. Pansare1 pages

(1) 5mca251.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.251/2025 (FOR RESTORATION) IN WRIT PETITION NO.5763/2011 (D) Shrikrushna Bhaskar Wagh and Ors. .VS. Gajanan Arun Araj and ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms V. P. Thakare, Advocate for applicants.

Mr. A. V. Pande, Advocate instructed by Mr. U. Chakroberty, Advocate for non applicant Nos. 1 and 2.

Mrs. M. S. Naik, A.G.P. for non applicant No.3. CORAM :

ANIL L. PANSARE, J.

DATE :

APRIL 7, 2025 Heard.

2.

The applicants are seeking to restore Writ Petition No.5763/2011 to its original file. The petition came to be dismissed as not prosecuted. Counsel for applicants submits that the applicants have a good case and henceforth she will diligently attend the matter. 3.

Counsel for non applicant Nos.1 and 2 and A.G.P. for non applicant No.3 opposed the application on the ground of casual approach. However, it appears that counsel for applicants could not attend the matter as she was out of station. She has requested her colleague to appear before the Court but he failed to appear. 4.

In view of above, to give one more opportunity to the applicants, the application is allowed with a rider that failure of applicants to argue the matter on the next date will result into dismissal of the petition.

5.

The application is disposed of.

Writ Petition No.5763/2011 List for final hearing in the week commencing from 09.06.2025.

(Anil L. Pansare, J.) Kahale