Shri Arun Vasant Kasar v. Shri Namdeo Raghunath Shitole

sat cas 367-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 367 OF 2017 IN SECOND APPEAL NO. 426 OF 1994 Shri Arun Vasant Kasar ...Applicant vs.

Shri Namdeo Raghunath Shitole

...Respondent

Mr.N.V. Walawalkar, Senior Advocate for Applicant. None for Respondent.

CORAM : S.C. GUPTE, J.

9 MARCH 2017 P.C.:

Heard learned Counsel for the Applicant.

The applicant seeks recall of a dismissal order passed by this court in the second appeal on 9 February 2017. The dismissal was on the ground of want of prosecution.

It is clear from the record that both the Appellant and the Respondent were absent on a couple of occasions when the matter was kept back and finally, dismissed for want of prosecution. The civil application states that it was purely a case of oversight on the part of the Advocate appearing for the Applicant.

On these facts, the civil application is allowed by recalling the dismissal order passed on 9 February 2017. The appeal is restored to file and shall come up for final hearing in the week commencing from 3 April 2017. The special notice of this order and the date of the scheduled 1 / 2

cas 367-2017.doc hearing shall be communicated by the Appellant's Advocate to the Respondent.

(S.C. GUPTE, J.) 2 / 2