Mrs. Nisha Sachin Gunjaar v. Mr. Sachin Rajaraam Gunjaar

osk 48-cao-139-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 139 OF 2018 IN MISC. CIVIL APPLICATION NO. 96 OF 2017 Mrs.Nisha Sachin Gunjaar ...

Applicant V/s.

Sachin Rajaraam Gunjaar ...

Respondent • Ms.Shama Mulla for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 6th JUNE, 2018.

P.C. :

1] This application is filed for restoration of the restoration application bearing Civil Application No.271 of 2017 in Misc. Civil Application No.96 of 2017.

2] The order of dismissal was passed on 2nd February, 2018 by this Court finding that since 15th December, 2017, none had appeared for the Applicant. Even when the application was placed for dismissal, none appeared. Now the copy of "Medical Certificate" is produced on record to show that the Applicant's Advocate was suffering both eyes conjunctivitis infection and hence, she was advised not to go in public 1/2

osk 48-cao-139-2018.odt place for two days. In her absence, therefore, the Application of restoration came to be dismissed in default.

3] In the light of this Medical Certificate, as the sufficient cause is made out and on the count of the Applicant's Advocate, the Applicant should not suffer, this Civil Application is allowed. Civil Application No.271 of 2017 for restoration of Misc. Civil Application No.96 of 2017 is allowed and said application is restored to its own file. [DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2