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Bombay High CourtCAW/2376/2017allowed

Shri. Dinkar Hari Gosavi Andors. v. Shri. Bhagwan Machhindra Gosavi (Since Deceased) His Heirs 1.1. Shri. Vinayak Bhagwan Gosavi And O

2018-06-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

24-caw2376-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2376 OF 2017 IN WRIT PETITION NO.4736 OF 1995 Dinkar H. Gosavi & Ors.

...Applicants

IN THE MATTER BETWEEN :

Dinkar H. Gosavi & Ors.

...Petitioners

V/s.

Bhagwan M. Gosavi , since deceased through His H.Rs. - Vinayak B. Gosavi & Ors.

...Respondents

Ms.Shakuntala A. Mudbidri for the Applicants / Petitioners. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 8TH JUNE, 2018.

P.C. :- 1.

The respondent no.1 has been served who is the contesting respondent. None appeared for the respondent no.1 when the matter was called out. I have heard the learned counsel for the applicants and perused the averments made in the civil application. In my view the applicant has made out the case for the reliefs prayed for in the civil application for the reasons recorded in the civil application. 2.

The civil application is made absolute in terms of prayer clause (a). The Writ Petition No.4736 of 1995 is restored to file along 1/2

24-caw2376-17 with the interim reliefs, if any, on the date of the dismissal of the writ petition.

3.

Place the writ petition on board for hearing and final disposal in the week commencing from 18th June, 2018. (R.D. DHANUKA, J.) 2/2