Krushnarao G. Bawankule (Dead) ... vs Vinod Marotrao Gharde
2021 Latest Caselaw 765 Bom

                                                                                           1                                                      MCA 649.20

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

                                         M. C. A. NO. 649 OF 2018
                                                    IN
                                LETTERS PATENT APPEAL NO. 286 OF 2008 (D)
                                      Krushnarao Ganpatrao Bawankule (Dead) and Anr.,
                                                                                ..VS..
                                                               Vinod Marotrao Gharde,

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Office Notes, Office Memoranda of Coram,                                                                                  Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                                               None present for the appellants.



                                                                       CORAM : SUNIL B. SHUKRE AND
                                                                               AVINASH G. GHAROTE, JJ.

DATED : 13th January, 2021

None appears for the appellants. Although the application has been filed for restoration of Letters Patent Appeal dismissed in default on 29.11.2017 along with costs of Rs.1,000/-, since there has been one dismissed in default, we do not wish to straightway dismiss this application in default and therefore, we intend to give one more opportunity to the appellants. Even on merits, the issue regarding maintainability of the writ petition which was originally filed is likely to arise in view of the law laid down by the Apex Court in the Case of Sanjay Kumar Pandey & Ors vs Gulbahar Sheikh & Ors, (2004) 4 SCC 664. If the writ petition is found to be not maintainable obviously Letters Patent Appeal

2 MCA 649.20

arising from the judgment passed in such writ petition would also not be maintainable.

Stand over to 14.01.2021.

                                        JUDGE                          JUDGE




Kirtak