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Bombay High CourtCAW/414/2015

Bhanudas Ganpati Shete (Decd) And ANR. v. Arjun Dinkar Patil And ANR.

2015-03-24Hon'Ble Shri Justice M.S. Sonak2 pages

skc 902-CAW-414-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 414 OF 2015 IN WRIT PETITION NO. 7560 OF 2009 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Bhushan Walimbe for Applicants / Petitioners. None for Respondents.

CORAM : M. S. SONAK, J.

DATE : 24 MARCH 2015 P.C. :- 1] Mr. Walimbe, the learned counsel for the applicants states that service is complete upon the respondents and that the applicants shall file an affidavit of service in the course of the day.

2] By order dated 6 May 2010, writ petition no. 7560 of 2009 was dismissed, as the main suit in which the impugned order had been made had itself been dismissed for default. By the same order, liberty was granted to the applicants to apply for restoration of this petition, in case the suit is restored.

3] Mr. Walimbe, now submits that the suit has since been restored.

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skc 902-CAW-414-15 4] Accordingly, the order dated 6 May 2010, dismissing the petition is recalled. Writ petition no. 7560 of 2009 is restored to the file.

5] Petition to be placed for admission on 15 April 2015 on the supplementary board.

6] Issue notice to the respondents in the petition, returnable on 15 April 2015. The notice to indicate that this petition may be disposed of finally at the stage of admission.

7] In addition to the usual mode of service, the petitioners are permitted to effect fresh private service and file affidavit of service. Hamdast allowed.

8] Civil application is disposed of.

(M. S. SONAK, J.) chandka 2/2