Janali S/O Mohammed Shafi v. State Of Maharashtra (Thr. Collector Of Thane) And ORS.

Nitin 1 / 2 12-CAS-288-2017.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 288 OF 2017 IN SECOND APPEAL NO. 1270 OF 2005 Janali Mohammed Shafi ...

Applicant / Appellant

Versus

State of Maharashtra and Ors.

...

Respondents Mr. A.R. Shaikh for the Applicant / Appellant. Mr. Ameet Palkar, AGP for Respondent Nos. 1 and 2. CORAM : S.J. KATHAWALLA, J.

DATED : 11TH JULY, 2017 P.C.:

1.

The above Civil Application is taken out by the Applicant / Appellant for setting aside the order of dismissal dated 13 th January, 2006 and restoration of the above Second Appeal.

2.

As far as Respondent Nos. 1 and 2 are concerned, it is submitted by the Advocate for Respondent Nos. 1 and 2 that Respondent Nos. 1 and 2 have no objection if the above Civil Application is allowed. The Respondent No. 3 has passed away and the learned Advocate appearing for the Applicant / Appellant is not desirous of proceeding against Respondent No. 4. The name of Respondent No. 4 is allowed to be deleted from the Civil Application. For the reasons set out in paragraphs 8 and 9 of the above Civil Application, the same is allowed, the order dated 13 th January, 2006

Nitin 2 / 2 12-CAS-288-2017.sxw is set aside and the above Second Appeal is restored to file. The name of Respondent No. 4 is allowed to be deleted from the cause title of the Appeal. 3.

Place the above Second Appeal for Admission on 17 th July, 2017, first on board.

4.

The above Civil Application is accordingly disposed off. ( S.J.KATHAWALLA, J. )