Ratna Chandrakatn Vannam And ANR v. Tukaram. K. Jadhav And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1899 OF 2024 IN CRIMINAL WRIT PETITION NO.4471 OF 2012 Mrs.Ratna Chandrakant Vannam and Anr.

.... Applicant/ Petitioner

Versus

Tukaram K. Jadhav, API, Wadala TT Police Station and Ors.

.... Respondents .....

Kaivat Sayyed and Suvidha Patil i/b. M/s.Patil Associates, Advocate for the Applicant/Petitioner.

Mr.J.P. Yagnik, APP for Respondent - State.

.....

CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 9th AUGUST 2024.

P.C. :

The applicant seeks restoration of Writ Petition No.4471 of 2012, which has been dismissed for non prosecution by this Court vide order dated 7th September, 2022. The applicant has satisfactorily explained the reason for his non appearance on the earlier dates. The reason given is that the matter was listed after a long time. Due to inadvertence, the advocate on record failed to take note of listing of the matter. When the applicant accidentally met the Advocate and made inquiry about the said matter, the advocate checked the status of the matter. Thereafter he came to be know about the Rajeshri Aher

2/2 4 ia 1899 of 2024.doc dismissal of the Writ Petition by order dated 7th September, 2023. His absence was on account of sheer inadvertence and not intentional.

Since the reasons for non appearance of the advocate as well as the applicant has been properly explained, we are satisfed by the said explanation. Hence, the application is allowed.

The writ petition is restored to its original status. Interim Application stands disposed off.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Rajeshri Aher