Mrs.Nabanita Jena v. Mr.Prakash Kumar Pattanayak

9 cam46-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.46 OF 2018 IN FAMILY COURT APPEAL NO.90 OF 2010 Nabanita Jena .. Applicant V/s.

Prakash Kumar Pattanayak ... Respondent Ms.Megha S. Bajoria i/b Mr.K.S.Patil for the Applicant Ms.Jennifer Michael a/w Mr.Bhagwan Gawali i/b Mr.Pravin V. Kamble for the Respondent

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 24, 2018 P.C. :

Heard.

This Application is for recalling the order dated 19.01.2018 passed by this court by which Family Court Appeal No.90 of 2010 stands dismissed for non-prosecution.

Considering the submissions made by the learned counsel for the Mohite 1/2

9 cam46-18.doc Applicant, the averments made in the Application and as for fault of advocate, litigant should not suffer, we are satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Order dated 19.01.2018 passed by this court is recalled. b) Family Court Appeal No.90 of 200 is restored on file for hearing on its own merits.

c) Civil application stands disposed of with cost. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Mohite 2/2