Mr. Rajendra S/O. Damodar Kute v. Mrs. Smita W/O. Rajendra Kute

915.116.18-cam.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.116/2018 IN FAMILY COURT APPEAL NO.148/2014 Rajendra Damodar Kute ... Applicant V/s.

Smita w/o. Rajendra Kute ... Respondent Mr. Ameya Deshpande for the Applicant

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 27, 2018 P.C. :

Heard. The learned counsel for the Applicant filed Affidavit of service dated 24.04.2018. In spite of service, none appeared for the Respondent.

This Application is for restoration of the Family Court Appeal which stood dismissed for non prosecution by order dated 28.02.2018 passed by this court.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G. Patil 1/2

915.116.18-cam.doc Hence, the following order:

a) Order dated 28.02.2018 passed by this court is recalled. b) Family Court Appeal is restored to file.

c) The Applicant is directed to serve a copy of this order on the Respondent by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect within four weeks from today.

d) Order dated 13.11.2014 passed in Civil Application No.317/2013 to continue.

e) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2