This order restores a writ petition dismissed for want of prosecution in 2006 after condoning the delay in filing a restoration application. The court noted the counsel was unaware due to absence abroad.
Civil Applications allowed, Writ Petition No. 1036/1998 restored, dismissal order recalled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Order
0501cao1850.17
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
C.A.O.NO.1850/2017 AND M.C.A.ST.NO 25711/2017 IN W.P.NO.1036/1998.
Kashinath Dhondappa Bhusnoor. Lohara, Dist. Yavatmal.
- VERSUS-
State of Maharashtra and another.
Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.
CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.
DATE : JANUARY 05, 2018.
Heard Shri P.H. Gulhane, learned counsel
for applicant and Ms. A.R. Kulkarni, learned A.G.P. for non-applicant nos. 1 and 2.
on 20.12.2017 in the matter. Petition registered as
Writ Petition No. 1036/1998, came to be dismissed for want of prosecution on 16.06.2006. The said dismissal
went unnoticed, as counsel representing the petitioner was out of Country and even after return could not learn about it, as Writ Petitions of 1998 could not have
Order
0501cao1850.17
2
been listed for final hearing at that juncture.
JUDGE JUDGE
Rgd.
2 issues framed by the court
Whether delay in filing restoration application of a writ petition dismissed for want of prosecution can be condoned.
Whether recall of dismissal of a writ petition in default is justified when counsel was unaware due to absence abroad.
Kashinath Dhondappa Bhusnoor
State of Maharashtra
another
B. P. Dharmadikari
MRS. Swapna Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
