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Bombay High CourtMCA/35/2020admittedallwdgrantedrule absolute

Smt. Vinita W/O Nivrutti Gadikar v. Mahadeorao S/O Govindrao Sonkusare And Others

2020-02-06Hon'Ble Shri Justice Manish Pitale2 pages

1 mca35.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Misc. Civil Application No. 35 of 2020 in Writ Petition No. 631 of 2019 Vinita Gadikar Vs. Mahadeorao Sonkusare and otehrs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.S. Sundaram, Advocate for the applicant Mr. S.S. Dhengale, Advocate for the respondents No.1 to 3. CORAM :MANISH PITALE, J.

DATED : FEBRUARY 06, 2020 This is an application seeking restoration of the writ petition, which stood dismissed in default by order dated 26/07/2019, due to consistent absence of the counsel representing the petitioner.

2.

It is stated in the application that the earlier counsel, who was appearing for the petitioner did not inform the petitioner about such dismissal in default and that the party may not suffer due to fault of the counsel.

3.

While dismissing the writ petition in default, this Court had directed the petitioner to pay costs of Rs.5,000/- to the respondents.

4.

For the reasons stated in the application, the same is allowed, subject to the petitioner making

2 mca35.20.odt payment of costs of Rs.5000/- to the respondents within a period of two weeks from today.

5.

Upon the costs being paid and proof of the same being placed on record, the writ petition shall stand restored.

6.

Mr. S.S. Dhengale, who was appearing for the respondents in the writ petition is present in the Court. Hence, upon restoration of the writ petition, further notice need not be issued to the respondents 7.

Place the writ petition upon restoration for final disposal on 12th March 2020.

JUDGE MP Deshpande