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Bombay High CourtCAW/2546/2014disposed off

Suresh Pundlik Chavan v. Subhash Bhikaji Kulkarni (Since Decd) Through Lrs Sushma Subhash Kulkarni And ORS

2015-04-16Hon'Ble Shri Justice R.M. Savant.2 pages

YBG caw2546­14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2546 OF 2014 IN WRIT PETITION NO.8711 OF 2013 Suresh Pundlik Chavan ..Applicant ­Versus­ Subhash Bhikaji Kulkarni & Ors.

..Respondents Mr.Sanskar Marathe for applicant Mr.Omkar Nagavekar i/b. Prabha Badadare for respondent Nos. 7, 9, 10, 11 and 12 Mr.Rakesh Pathak i/b. Khandeparkar & Associates for respondent No.1(C).

CORAM

:

R.M.SAVANT, J DATE :

16th APRIL 2015.

P.C.

1] The above civil application is a composite application filed for three reliefs. The first relief is seeking condonation of delay in filing the application; second is to restore the petition and the third relief is to bring the heirs of respondent Nos. 6 and 8 on record. Learned Counsel for the petitioner states that insofar as the third relief is concerned, the petitioner would file an appropriate application for the said relief and that the present civil application is being prosecuted only for the first two reliefs. 2] The above petition stood dismissed on account of the order passed

YBG caw2546­14 on 23rd July 2014 passed by a learned Single Judge of this Court, which order mandated the petitioner to remove the office objections in respect of service being effected on respondent Nos. 6 and 8 within a particular time frame, failing which the order of dismissal was to operate. 3] On account of default committed, the petition stood dismissed for non prosecution. In my view, having regard to the fact that the petition has been dismissed for a technical reason, the same is required to be restored by accepting the reasons for the delay mentioned in the application. The civil application is accordingly allowed, resultantly the petition is restored to file.

4] Insofar as the third relief is concerned, that is to bring legal heirs of respondent Nos. 6 and 8 on record, is concerned, the applicants would be at liberty to file an appropriate application for the same. 5] The Civil Application is accordingly disposed of. ( R.M.SAVANT, J.)