Bombay High CourtCAO/1286/2015dispossed offdismiss for default

Vasant Naik Education Socty, Digras Through Its Hon. Secretary, Shri Sachin S/O Pratapsing Ade And v. Mrs. Leelabai W/O Madhukar Rakhey And 2 Others

2015-08-12Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1286.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CA0) NO.1286 OF 2015 IN CIVIL APPLICATION (CAO) NO.1686 OF 2014 IN MISC. CIVIL APPLICATION ST. NO.25056 OF 2014 IN WRIT PETITION NO.5146 OF 2004 (Shri Vasant Naik Education Society, Digras and another ..vs.. Smt. Leelabai Madhukar Rakhey and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 12-08-2015 This is an application for restoration of the civil application dismissed against the non-applicant No.1. Civil Application No.1686 of 2014 is filed by the applicants praying for condonation of delay in filing miscellaneous civil application for restoration of the writ petition. This Court has directed issuance of notice to the non-applicants. The notice of non-applicant No.1 could not be served for want of correct address and the learned Registrar (Judicial), by the order dated 24-06-2015, dismissed the application against the nonapplicant No.1. It is recorded that sufficient time was granted to the applicants on 15-04-2015, 06-05-2015 and 10-06-2015 for taking steps for supplying correct address of the non-applicant No.1, however, the applicants failed to take steps. Now this application is filed.

2 cao1286.15 On deposit of Rs.2,000/- (Rupees Two Thousand) with the High Court Legal Services Sub-Committee, Nagpur within ten days, issue notice on the correct address of non-applicant No.1 as shown in the application, returnable on 11-09-2015. If the amount is not deposited within stipulated time, Civil Application No.1286/2015 shall stand dismissed without reference to the Court.

Copies of Civil Application No.1686/2014 and Misc. Civil Application Stamp No.25056/2014 shall also be sent alongwith the notice.

JUDGE pma