Mahadu B. Sadlapurkar v. Union Of India And ANR.

4 CAW 2243 OF 2017.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2243 OF 2017 IN WRIT PETITION NO.6638 OF 2000 Mahadu B. Sadlapurkar ... Applicant.

V/s.

Union of India and anr .... Respondents Mr. A. S. Rao, for Applicant.

Mr. Rui Rodrigues, Mr. N. R. Prajapati and Mr. B.A. Dubey, for the Respondents.

CORAM : SMT. V. K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE :

25TH SEPTEMBER, 2017.

P.C. :

1.

Heard learned counsel for the applicant as well as learned counsel for the respondents.

2.

Leave to amend. The amendment to be carried out forthwith.

3.

The applicant had preferred Writ Petition No.6638 of 2000. By order dated 12th March, 2013, as none had appeared for the petitioner, petition came to be dismissed for want of prosecution.

4.

In the present Civil Application, it is prayed that the delay in preferring the restoration application and the order Page No.1 of 2

4 CAW 2243 OF 2017.doc dismissing the petition for want of prosecution be set aside and the Writ Petition be restored to file.

5.

In view of the avernments made in the application and in the interests of justice, the delay is condoned. The order dismissing the petition for want of prosecution is set aside and the Writ Petition is restored to the file. 6.

Application is allowed in above terms.

7.

Place the Writ Petition for final hearing in regular course.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [SMT. V.K.TAHILRAMANI, J.] Page No.2 of 2