Dattatraya Narayan Mirkar (Since Deceased Through Lrs) v. Vishnu Dattatraya Barve

25.706.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.706/2017 IN WRIT PETITION NO.2684/2002 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. S. S.Jadhav i/b. S. B. Shetye for the applicant Mr. V. B. Tapkir for the respondent CORAM : K. K. TATED, J.

DATE : JUNE 23, 2017 P.C.:

1.

Heard. This application is for restoration of the Writ Petition which was dismissed for non prosecution vide order dated 23.02.2017.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, the applicant has to pay cost of Rs.2500/- to the respondent within two weeks from today.

3.

Hence, the following order:

a) Order dated 23.02.2017 is recalled.

Basavraj G Patil 1/2

25.706.17-caw b) The Writ Petition No.2684/2002 is restored to file for hearing on merits.

c) The applicant to pay cost of Rs.2500/- to the respondent or their advocate within two weeks from today and place a receipt thereof on record, failing which the Civil Application shall stand dismissed without further reference to the court. d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2