Yeshwant Rekhuji Jadhav (Since Decd.) Through His Lrs. v. Deputy Collector (Rehabilitation) And ORS

4-IA-6736-2025.DOCX Chaitanya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6736 OF 2025 Digitally signed by CHAITANYA ASHOK JADHAV Date:

2025.08.01 10:31:40 +0530 CHAITANYA ASHOK JADHAV IN WRIT PETITION (ST) NO. 6856 OF 2019.

Yeshwant Rekhuji Jadhav (Deceased) (through his Legal Heirs) Baburao Rekhuji Jadhav ... Applicant In the matter between :

Yeshwant Rekhuji Jadhav (Deceased) (through his Legal Heirs) 1A) Baburao Rekhuji Jadhav And Ors.

... Petitioners

Versus

Deputy Collector (Rehabilitation), Pune And Ors.

... Respondents ______________________________________________________ Mr. Dhaval A. Patil i/b M/s. K. Ashar & Co., for Applicant. Ms. S. D. Vyas, Addl.G.P. a/w Mr. Aditya R. Deolekar, A.G.P., for Respondent-State.

______________________________________________________ CORAM : M.S. Sonak & Jitendra Jain, JJ.

DATED : 31 July 2025 P.C.:- 1.

Heard Mr. Patil, the learned counsel for the Applicant and Ms. Vyas, the learned Addl. G.P., for the RespondentState. 2.

We have perused the averments in the Interim

4-IA-6736-2025.DOCX Application and the reasons mentioned therein, are not very convincing. But Mr. Patil submits that for any shortcoming on the part of the Advocates, the Petitioners, who are illiterate persons, should not be made to suffer.

3.

Though the above contention can be accepted, it is also not the law that for the fault of the Petitioner's Advocate, the opposite party should suffer.

4.

Normally, restoration can be allowed in such circumstances on payment of costs. Accordingly, subject to payment of costs of Rs. 20,000/- by the Petitioners to the Kirtikar Law Library, High Court, Bombay, within a period of one week from today, we allow this Interim Application, condone the delay and restore the Petition to the file of this Court.

5.

If the costs are not paid within a week from today, this Application shall be deemed to have been dismissed without further reference to this Court.

(Jitendra Jain, J) (M.S. Sonak, J.)