Shashikala Shiv Shankar Pandey v. Asgai Begum Shamsuddin Khan

8 caf3075-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3075 OF 2014 IN FIRST APPEAL (ST) NO.13132 OF 2006 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Vinay P. Khobragade for the applicant

CORAM

: K.K.TATED, J.

DATED : 06/01/2016 PC:

Heard the learned counsel for the applicant.

Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

Advocate for the applicant filed affidavit of service dated 4.8.2014 stating that respondent refused to accept the Registered Post A/D. Said affidavit is taken on record.

This application is for restoration of Civil Application No.4208 of 2010 which was dismissed for default.

Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, I am satisfied Mohite 1/2

8 caf3075-14.doc that the applicant has made out a case for allowing Civil Application. Hence, following order is passed:

a) Order dated 8.5.2015 passed by this court is recalled.

b) Civil Application No.4208 of 2010 is restored on file for hearing on its own merits.

c) Applicant is directed to serve respondent by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect stating that Civil Application No.4208 of 2010 is restored for hearing on its own merits d) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2