Shri. Laxman Bandu Kamble, Through Poa, Shri. Ramchandra Bandu Kamble v. Smt. Sonabai Hari Patil (Decd) Through Lrs

sg 56.ia19928&9929-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9928 OF 2022 IN REJECTED CASE NO.1721 OF 2016 AND INTERIM APPLICATION NO.9929 OF 2022 IN REJECTED CASE NO.1721 OF 2016 Shri. Laxman Bandu Kamble, since deceased through LRS ...Applicants vs.

Smt. Sonabai Hari Patil (Deceased) Through LRS

...Respondents

....

Mr. Gautam T. Kanchanpurkar, for the Applicants. ....

CORAM : SANDEEP V. MARNE, J.

DATE : 19th DECEMBER 2023 P.C. :

1.

Interim Application No.9928 of 2022 is filed for restoration of the writ petition, which was dismissed vide order dated 18th December 2015 for non-removal of the office objections. No doubt, there is gross delay in filing the present application. However, it is pointed out in the application that shortly after filing the petition, the original Petitioner expired. Even the Advocate engaged by the original Petitioner expired. It is on account of these events, the Applicants did not notice dismissal of the petition. Respondent Nos.1 and 2 are served with the Court notice. However, none appears for Respondent Nos.1 and 2. 1 / 2

sg 56.ia19928&9929-22.doc 2.

Considering the averments made in the application, the same is allowed. Delay in filing the application is condoned. Order dated 18th December 2015 passed by Registrar (Judicial) is recalled. The writ petition is restored to the original file.

3.

Interim Application No.9928 of 2022 is disposed of. 4.

The Counsel for the Applicants to assist the Registry in reconstruction of the papers in the writ petition. 5.

List the writ petition on 12th February 2024 along with the other interim application.

(SANDEEP V. MARNE, J.) 2 / 2 Signed by: Smita Gonsalves Designation: PS To Honourable Judge Date: 21/12/2023 18:07:18