RAJESH NATHMAL TIBDEWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith.Heard finally by consent of the learned counsels appearing for the parties.

(2.) The petitioners who are the original plaintiffs claimed that they are the lessees of the Government having occupied the land in their possession located in the weekly market and doing the business as vegetable vendors since 1976. On the apprehension that the defendant Municipal Council, Shegaon, is likely to disturb their possession, Regular Civil Suit No. 206 of 2012 was filed, seeking a decree for permanent inunction restraining the defendant from disturbing their peaceful possession over the suit property. The order of injunction was operating from 2012 to 26.08.2015 when the suit was dismissed for want of prosecution.

(3.) There was application for condonation of delay caused in filing the restoration. The delay of 1 month and 9 days was condoned, but the application was dismissed holding that there were lack of bonafides on the part of the plaintiffs, delaying tactics were adopted and no sufficient cause is shown for restoration of the suit, as in spite of several opportunities, the plaintiffs remained absent and the counsel representing them filed a pursis of 'no instructions from the client'. This is the subject matter of challenge in this petition.