Mr. Sukhadev Torappa Khandekar v. Smt. Sanjivani Sukhadev Kalel And ORS.

35 caf2191-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2191 OF 2019 IN FIRST APPEAL NO.99 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Rahul Khot for the applicant Mr.Ramji T.Kotali I/b Mr.Rajaram V. Bansode for the respondent nos.1 to 3 Ms.Poonam Mittal for the respondent no.4 CORAM : K. K. TATED, J DATE : JULY 1, 2019 P.C.:

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Heard.

By this Civil Application, Applicant is seeking to recall the order dated 28.03.2019 by which First Appeal as well as Civil Application stands dismissed for nonprosecution. Considering the submissions made by the learned counsel for the Applicant and the Mohite 1/2

35 caf2191-19.doc averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) Order dated 28.03.2019 passed by this court is recalled.

b) First Appeal No.99 of 2019 and Civil Application No.329 of 2019 stands restored on file for hearing on its own merits.

c) Civil application stands disposed off accordingly.

d) No order as to costs.

(K.K.TATED, J.) Mohite 2/2