Allowed

Shri Annappa Maruti Zalke v. Shri Ramu Balappa Bogarnal

Bombay HC12 Jan 2024IA/18411/2023

Case brief

AI extract

What is this about?

Interim application sought restoration of a writ petition dismissed for non-prosecution. The court found the grounds believable, allowed the application, set aside the dismissal order, restored the petition and revived earlier interim relief.

What did the court decide?

Dismissal order set aside; writ petition restored to file; interim relief of 18.07.2016 revived/continued; service directed.

Shri Annappa Maruti Zalke Vs Shri Ramu Balappa… — Writ and Judicial Review | Bombay HC (2024)

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43.IA.18411.2023.doc

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HARSHADA H. SAWANT (P.A.)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.18411 OF 2023 IN

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WRIT PETITION NO.8341 OF 2016

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Annappa Maruti Zalake .. Applicant IN THE MATTER BETWEEN: Annappa Maruti Zalake Petitioner .. (Original Plaintiff)

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Versus Ramu Balappa Bogarnal Respondent

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.. (Original Defendant)

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Mr. K. B. Redekar, Advocate for Applicant / Petitioner.

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Mr. Annappa Maruti Zalake Applicant / Petitioner present.

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CORAM : MILIND N. JADHAV, J. DATE : JANUARY 12, 2024

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P.C.:

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1. Heard Mr. Bedekar, learned Advocate for Applicant / Petitioner.

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2. Interim Application seeks restoration of Writ Petition No.8341 of 2016 which came to be dismissed by order dated 11.12.2023.

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3. I have perused the order dated 11.12.2023 which is at Exhibit-A, page No.6 of the Interim Application as also grounds enumerated in paragraph Nos.4, 5 and 6 of the Interim Application.

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4. The grounds stated for non-prosecution are completely believable in view of the Annexures to the Interim Application. Hence,

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43.IA.18411.2023.doc

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the Interim Application stands allowed in terms of prayer clause (b) which reads thus:-

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“b) This Hon’ble Court be pleased to set aside the order dated 11.12.2023 passed by this Hon’ble Court and the aforesaid Civil Writ Petition No. 8341 of 2016 be restored to its original file.”

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5. In view of allowing the above Interim Application, interim

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relief granted by order dated 18.07.2016 which is at Exhibit-C, page No.8 of the Interim Application shall stand revived / continued and restored. Copy of the Writ Petition be served on the Respondent by learned Advocate for the Applicant / Petitioner.

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6. List the Writ Petition on 31^st January, 2024 .

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7. With the above directions, Interim Application is disposed.

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H. H. SAWANT

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[ MILIND N. JADHAV, J. ]

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Digitally signed HARSHADA by HARSHADAHANUMANT HANUMANT SAWANT SAWANT Date: 2024.01.15 10:55:33 +0530

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Shri Annappa Maruti Zalke v. Shri Ramu Balappa Bogarnal

Case brief

What is this about?

What did the court decide?

Shri Annappa Maruti Zalke v. Shri Ramu Balappa Bogarnal

Case brief

What is this about?

What did the court decide?

What the court decided

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