Ramchandra Lakhantal Awate, ... vs The Chief Officer, Nagpur And Anr
2021 Latest Caselaw 1260 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                      NAGPUR BENCH, NAGPUR

                        CAW NO.823/2018 IN W.P. NO.4722/2008
                                Ramchandra Lakhantal Awate
                                            ..vs..
            The Chief Officer, Municipal Council, Saoner, District Nagpur and anr

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri V.D.Muley, Counsel for the Applicant/Petitioner.
                                 Shri Radhika Bajaj, Counsel for R-1.

                                                           CORAM                    : V.M.DESHPANDE J.
                                                           DATED                    : JANUARY 19, 2021.


                               1.                          This is an application for recalling of judgment
                               dated 9.3.2018 and for hearing of the writ petition.
                               2.                          Writ            Petition               No.4722/2008                          which              was
                               admitted for final hearing was dismissed on 9.3.2018
                               because nobody appeared for the petitioner.
                               3.                          Be that as it may, it is clear that the case of the
                               petitioner was not heard on its own merits by this Court on
                               9.3.2018.
                               4.                          Learned counsel for the applicant/petitioner
                               who was also Advocate in the writ petition pointed out
                               circumstances as to why he could remain present.
                               5.                          Learned                counsel                Ms          Radhika                 Bajaj           for
                               respondent No.1                             graciously submitted that she has no
                               objection for allowing this application and permitting the
                               applicant/petitioner to submits his case on its own merits.


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        6.                The approached on the part of learned counsel
        Ms Radhika Bajaj for respondent No.1 is appreciated by this
        Court.
        7.                In this view of the matter, I pass following
        order:
                                         ORDER

(1) The civil application is allowed. (2) Order dated 9.3.2018 is hereby recalled. (3) Writ Petition No.4722/2008 is restored to file and the said writ petition shall be decided after hearing.

The civil application stands disposed of accordingly.

Writ Petition No.4722/2008

1. Heard .

2. By consent of learned counsel for parties, put up this matter on for final hearing in third week of February 2021.

JUDGE !! BRW !!

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