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Bombay High CourtCAW/2056/2018

Shri. Mahadu Bhau Patil And ORS. v. Smt. Gangubai Rama Choudhari And ANR.

2019-02-22Hon'Ble Shri Justice K.K. Tated2 pages

22.2056.18-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2056/2018 IN WRIT PETITION NO.5024/2018 Mahadu Bhau Patil & Ors.

... Applicants V/s.

Gangubai Rama Choudhari & Anr.

... Respondents Ms. Manita P. Yadav I/b. Sandip P. Khurkule for the Applicants

CORAM:

K.K. TATED, J.

DATED :

FEBRUARY 22, 2019 P.C. :

Heard. By this Civil Application, the Applicant is seeking to recall the order dated 04.05.2018 passed by this court by which the Writ Petition came to be dismissed for non prosecution. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Order dated 04.05.2018 (Exhibit-A page 6) to the Petitioner is recalled.

Basavraj G. Patil 1/2

22.2056.18-caw.doc b) The Writ Petition is restored to file for hearing on merits.

c) Civil application stands disposed off accordingly. d) No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2