Dnyaneshwar S. Dalvi (Deceased) Thr. Lrs. Mrs. Usha W/O. Dnyaneshwar Dalavi v. Jaslok Hospital And ORS.

9-ASIA-3462-2022-IN-LPA-132-2008.DOC Pradip

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3462 OF 2022 IN LETTERS OF APPEAL NO. 132 OF 2008 IN WRIT PETITION NO. 4732 OF 2007 IN COMPLAINT (MRTU & PULP) NO. 8 OF 2001 Usha Widow of Dnyaneshwar Dalavi ...Applicant

Versus

Jaslok Hospital & Ors

...Respondents

None for the Applicant.

Mr Manish Upadhye, for Respondents Nos. 1 to 3.

CORAM

G.S. Patel & M.G. Sewlikar, JJ.

DATED: 7th June 2022 PC:- PRADIPKUMAR PRAKASHRAO DESHMANE PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2022.06.08 16:34:03 +0530 1.

None for the Applicant. This Letters Patent Appeal has been dismissed for default twice before on 4th July 2008 and on 14th March 2011. It was restored each time. Then it was dismissed again on 27th November 2019.

7th June 2022

9-ASIA-3462-2022-IN-LPA-132-2008.DOC 2.

The Interim Application seeks restoration and setting aside of the 27th November 2019 order of dismissal for default. The Interim Application is already delayed. It was fled only on 14th March 2020. 3.

Apart from that we fnd that it has not yet been served on the Respondents.

4.

This cannot be allowed to continue. Even today, none appears for the Applicant. Interim Application No. 3462 of 2022 is dismissed. No costs.

(M.G. Sewlikar, J) (G. S. Patel, J) 7th June 2022