Mrs. Seema Kantilal B. Bhavsar, Through Lrs, And ORS v. Shri. Vijay Ramchandra Deorukhkar, Through Lrs, And ORS

(10)-CAW-1090-15.doc 18.12.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1090 OF 2015 IN WRIT PETITION NO.5805 OF 2013 Seema Kantilal Bhavsar (legal heirs of Kantilal Babulal Bhavsar since deceased) .. Applicants

Versus

(Legal heirs of Smt. Shantibai Ramchandra Deorukhar since deceased) Shri. Vijay Ramchandra Deorukhar (since deceased through his LRs) Smt. Sharada Vijay Deorukhar and others .. Respondents Mr. Amogh Karandikar i/by Mr. A. N. Mantri, for the Applicants. Mr. Ashok T. Gade, for the Respondent Nos.4, 5, 7 & 8. CORAM : R.M. SAVANT, J.

DATE : 18th DECEMBER, 2015 P.C.

1.

The above Civil Application has been filed for restoration of the above Writ Petition which has stood dismissed for non-prosecution on account of the non-appearance of the advocate on 30.03.2013. The reasons why the advocate could not appear on the said day as also on an earlier date are mentioned in the Civil Application. The Learned Counsel Mr. Ashok T. Gade appearing for Respondent Nos.4, 5, 7 and 8 fairly BGP.

(10)-CAW-1090-15.doc 18.12.2015 submits to the orders of the Court. Hence, accepting the reasons mentioned in the Civil Application, the same is allowed. Resultantly, the Writ Petition is restored to file. The Applicant to pay costs of Rs.1000/- to the Respondents represented by Mr. Ashok T. Gade within four weeks from date. The Civil Application is accordingly disposed of. [R.M. SAVANT, J] BGP.