← Library
Bombay High CourtIA/3298/2021disposed off

Shri. Dhanaji Sarjerao More v. The State Of Maharashtra And Others

2021-11-17Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja2 pages

bdp 18-ia-3298.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by BIPIN DHARMENDER PRITHIANI Date:

2021.11.18 15:56:42 +0530 CIVIL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION NO. 3298 OF 2021 IN CIVIL APPLICATION (ST.) NO. 31257 OF 2018 IN WRIT PETITION NO. 9742 OF 2010 Dhanaji Sarjerao More ... Applicant

Versus

State of Maharashtra and Ors.

... Respondents ****** Mr. C. K. Bhangoji for the Applicant i/by Mr. J. A. Madane for the Applicant.

Mr. N. K. Rajpurohit, AGP for the State-Respondent Nos. 1 and 3. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 17th NOVEMBER, 2021.

P.C. :- .

Leave to amend is granted to the applicant to correct the number of days of delay mentioned in prayer clause (a). Amendment to be carried out forthwith. Re-verification is dispensed with. 2.

Heard the learned counsel appearing for the parties and have perused the averments made in the Interim Application. The applicant seeks condonation of delay of substantial period in filing Civil Application and seeks restoration of the Writ Petition and the Civil Application (Stamp) No. 31257 of 2018 dismissed by the learned Registrar (Judicial-I).

bdp 18-ia-3298.21.doc 3.

At this stage, learned counsel for the applicant seeks liberty to withdraw this petition unconditionally.

4.

In our view, though the applicant has not justified the delay in filing Civil Application for setting aside the order of the learned Registrar (Judl.-I) since the applicant seeks to withdraw the petition unconditionally, we pass the following order :- 5.

Interim Application is made absolute in terms of prayer clauses (a) and (b). Writ Petition as well as Civil Application are restored to file.

[ABHAY AHUJA, J.] [R. D. DHANUKA, J.]