Samarjit Eknath Kharade v. Sandeep Ramappa Shendure And ORS.

503.1282.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1282/2017 IN WRIT PETITION NO.12984/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Praveen Fernandes for the applicant Mr. Shantanu S. Rakatate for respondent No.1. CORAM : K. K. TATED, J.

DATE : JULY 19, 2017 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the applicant, the matter is taken on board for urgent orders.

2.

This application is for restoration of the Writ Petition which stood dismissed for default by order dated 31.01.2017.

3.

The learned counsel for the respondent submits that the matter is settled out of court. Hence, he has no objection, if Civil Application is allowed.

4.

Considering the submissions made by the learned counsel for the applicant and as the Basavraj G Patil 1/2

503.1282.17-caw Advocate for the respondent has no objection for allowing the Civil Application I am satisfied that the applicant has made out a case for allowing the Civil Application.

5.

Hence, following order is passed:

a.

Delay in making the Civil Application is condoned.

b.

Order dated 31.01.2017 passed by this court is recalled.

c.

The Writ Petition is restored to file for hearing on merits.

d.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2