Mohammed Farid Khan (Since Decd) And ORS v. Iqbal Mansuri And ORS

903.10906.15-wp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10906/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. J. Thorat for the Petitioner CORAM : K. K. TATED, J.

DATE : MARCH 15, 2016 P.C.:

1.

Heard the learned counsel for the Petitioner. By this petition, the Plaintiff challenges the order dated 07/03/2014 passed by the Appellate Bench of Small Causes Court below Exhibit- 11 in appeal No.15/2008 in RAD Suit No.3488/1985 rejecting the Plaintiff's Application for carrying out appropriate amendment in the plaint.

2.

The learned counsel for the Petitioner submits that the appeal No.15/2008 stood dismissed for default.

He submits that an Application for restoration of the appeal is pending.

3.

In view of these facts, nothing survives in the present petition. Hence, the Writ Petition stands dismissed as infructuous.

Basavraj G Patil 1/2

903.10906.15-wp 4.

Liberty granted to the Petitioner to move for same cause of action, in case the appeal is restored. JUDGE Basavraj G Patil 2/2