Shri Atmaram Ragajirao Ghag v. Executive Engineer And ANR.

2025:BHC-AS:23053-DB 910.IA8561_2025.DOC Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8561 OF 2025 IN INTERIM APPLICATION NO. 6556 OF 2025 IN CIVIL APPLICATION NO. 1145 OF 2017 IN WRIT PETITION NO. 2417 OF 1995 Atmaram Raghojirao Ghag ... Applicant/Petitioner Vs.

Executive Engineer, Bombay Buildings Repair and Reconstruction Board & Ors.

... Respondents _______ Mr. B.G. Tangsali for the applicant/petitioner. Ms. Aparna Kalathil a/w. Ms. Sayali Apte i/b. P.G. Lad for respondent nos. 1 & 2. Mrs. M.P. Thakur, AGP for the State/respondent no. 3. _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATED:

11 JUNE, 2025 P.C.

1.

By this Interim Application, a prayer is made that this Writ Petition No. 2417 of 1995, which came to be dismissed for want of prosecution, be restored to the file of this Court along with earlier Civil Application No. 1145 of 2017, which also came to be dismissed.

2.

The facts are quite peculiar. We have perused the averments as made in the memo of the application. We are of the opinion that it is in the interest of justice that the petitioner ought not to suffer for any acts of either the earlier advocate or the present advocate. The petition is of the year 1995, which is almost 30 years and is pending adjudication. In this view of the matter, we are 11 June 2025

910.IA8561_2025.DOC inclined to allow this application in terms of prayer clauses (b), (c) and (d). 3.

As the petition itself is of the year 1995. we direct that the petition be listed on 20 June 2025 (H.O.B.) so that we can hear the parties and make an endeavour to pass appropriate orders. In the meantime, the advocates for the parties shall prepare list of dates and propositions they intend to advance. 4.

As the proceedings are old, Mr. Tangsali, learned counsel for the petitioner intends to avail from the record of the Court the copies of the proceedings. He is permitted to do so. The copies of the proceedings be furnished to the learned counsel for the petitioner with payment of appropriate charges, which be obtained within one week from today. A copy of the same be also furnished to the advocate for the respondents.

(ARIF S. DOCTOR, J.) (G. S. KULKARNI , J.) 11 June 2025 Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 12/06/2025 12:16:42