Bombay High CourtCAW/2310/2017dismissedrule discharged

Vinay S/O Bhaskar Salpekar v. Sudha Wd/O Ramdas Bhandakkar (Since Deceased) Thr. Lrs. Pradip S/O Ramdas Bhandakkar

2017-10-13Hon'Ble Shri Justice Z.A. Haq1 pages

1 caw2310.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2310 OF 2017 IN WRIT PETITION NO.3650 OF 2017 (VINAY BHASKAR SALPEKAR...VS.. SUDHA RAMDAS BHANDAKKAR(DEAD) THR. LRS..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V.Ghare, Advocate for Petitioner.

Shri N.S.Agrawal, Advocate for Respondent.

CORAM : Z.A.HAQ, J.

DATED : OCTOBER 13, 2017.

This application is filed by the respondent praying that the writ petition be dismissed as it is filed against the dead person and legal representatives were not brought on record in Appeal No.401 of 2014 decided on 12th April, 2016. 2.

The order passed by this Court on 15th September, 2017 shows that the advocates for both the parties (including the advocate for the respondent who has filed this application) were heard and Rule is issued. In view of this, in my view, the application cannot be considered at this stage. 3.

The civil application is dismissed. It is clarified that the issues raised in the civil application are kept open for consideration at the time of hearing of the writ petition. JUDGE RRaut..