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Bombay High CourtCAC/164/2017allowed

Shri Abdul Rahim Suleman Contractor And ANR v. Smt Patience Harold Gonsalves And ORS

2017-04-28Hon'Ble Shri Justice R.M. Savant.2 pages

(24)-CAC-164-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.164 OF 2017 IN CIVIL REVISION APPLICATION NO.670 OF 2016 Shri. Abdul Rahim Suleman Contractor and another ..Applicants

IN THE MATTER BETWEEN

Shri. Abdul Rahim Suleman Contractor and another ..Applicants

Versus

Smt. Patience Harold Gonsalves and others ..Respondents Shri. Ketan Parikh a/w Ms. Priyanka R. Bhanushali for the Applicants.

CORAM : R. M. SAVANT, J.

DATE : 28th APRIL, 2017 P.C.

The above Civil Application has been filed for restoration of the above Civil Revision Application which has stood dismissed for nonprosecution on account of the conditional order dated 16.02.2017 passed by the Learned Registrar, Judicial-II of this Court. The said order directed that the office copies be supplied so that service on the Respondents could be effected, in default the Civil Revision Application was to stand dismissed for non-prosecution. In view of the default committed by the Applicants, the conditional order became operative and the Civil Revision BGP.

(24)-CAC-164-17.doc.

Application stood dismissed for non-prosecution. In view of the fact that the Civil Revision Application has stood dismissed on a technical reason, it would be just and proper to show one final indulgence to the Applicants. The Civil Application is accordingly allowed, resultantly, the Civil Revision Application is restored to file. The Civil Revision Application to be listed for admission on 19.06.2017. The Applicants to serve the Respondents by private advocate's notice and file affidavit of service.

[R.M.SAVANT, J] BGP.