Smt. Sudha W/O Anant Gavali And ANR. v. Shri. Pitumal Hundomal Rupani

17.wp.11363.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1016 OF 2018 IN CIVIL APPLICATION NO. 1493 OF 2017 IN WRIT PETITION NO. 11363 OF 2016 Smt.Sudha wd/o Anant Gavali & Ors.

...Applicants In the matter between Shri.Pitumal Hundomal Rupani

...Petitioner

vs The Union of India & Ors.

...Respondents

.....

Mrs Gayatri Nayak with Abhijeet K. Nair i/b R.P.Khobragade for the Applicants.

Mr B.B.Sharma i/b P.S.Gujar for Respondent No.1. Mrs P.N.Diwan AGP for Respondent Nos.3 to 5.

.....

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

APRIL 25, 2018.

P.C. :

Heard learned counsel for parties.

This Civil Application is for restoration of Civil Application No. 1493 of 2017 which stand dismissed for noncompliance of the conditional order dated 28th March, 2018. Ms Nayak, learned advocate for the applicant submits that they have already served copies of Civil Application Pg 1 of 2

17.wp.11363.2016.doc No.1493 of 2017 on the other side. The statement is accepted. Considering the submissions made by the learned advocate for the applicant, we are satisfied that the applicant has made out a case for allowing the Civil Application. Hence, the following order.

(a) The time to comply with the order dated 28th March, 2018 passed in Civil Application No.1493 of 2017 is extended till today;

(b) Civil Application No.1493 of 2017 is restored to file for hearing on its own merits;

(c) Civil Application No.1076 of 2018 stands disposed of accordingly. No costs.

(B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Pg 2 of 2