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Bombay High CourtCAO/121/2021delay condonatedrejected

Smt. Meghana W/O Vyankatesh Doye v. Punjabi Education Society, Gondia Through Secretary, Gondia And Others

2022-06-24Hon'Ble Shri Justice A.S. Chandurkar2 pages

2-CAO-121-21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO.121 OF 2021 IN/AND MISC. CIVIL APPLICATION ST. NO.12588 OF 2019 IN WRIT PETITION NO.1751 OF 2017 (D) Meghana w/o Vyankatech Doye, Balaji Chowk, Civil Lines, Gondia -vsPunjabi Education Society, Thr. its Secretary, Gondia and ors. -------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri P. S. Khare, Advocate for applicant.

Shri A. Y. Kapgate, Advocate for non-applicant No.5. CORAM : A. S. CHANDURKAR J.

DATE : June 24, 2022 By the order dated 15/06/2021 notice was issued on the non-applicants for condonation of delay as well as on the review application. Despite service there is no appearance on behalf of non-applicant Nos.1 to 4. Shri A. Y. Kapgate, learned counsel appears for non-applicant No.5.

Perused the reasons mentioned in the application for condonation of delay. Since there is no opposition to the said submissions by the non-applicant Nos.1 to 4, the delay stands condoned. Civil Application is disposed of.

Misc. Civil Application St. No.12588/2019 Writ Petition No.1751/2017 was disposed of by recording a statement made by the respondent Nos.1 to 4 that Regular Civil Appeal No.18/2014 had been decided. By filing copy of status of the aforesaid Regular Civil Appeal, it is submitted that

2-CAO-121-21 2/2 said proceedings are still pending in the District Court at Gondia. Since this position is clear from the documents placed on record, the order dated 13/03/2019 is recalled and the writ petition is restored to file for being decided on merits. Misc. Civil Application is disposed of.

Since it is found that the statement had been made by the learned counsel on the basis of incorrect instructions given by the non-applicant Nos.1 to 4, they shall pay costs of Rs.2000/- to the applicant within period of fifteen days.

(A. S. Chandurkar, J.) Asmita ADWAIT BHANDAKKAR 19:15:10