Harishchandra Babul Raut And ORS v. Smt. Asha Anant Joshi And ORS

512 caw1582-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1582 OF 2017 IN WRIT PETITION NO.4885 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vijay S. Gharat for the applicant Ms.Manjiri Parasnis i/b Mr.Satyam Acharya for the respondent nos.3 to 6 CORAM : K. K. TATED, J.

DATE : JULY 26, 2017 P.C.:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

This application is for restoration of Writ Petition No.4885 of 2014 which stand dismissed for default by order dated 12.6.2017.

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 but at the same time, applicant to pay cost of Rs.5,000/-. Cost to be deposited in the office of the Kirtikar Law Library, Mohite 1/2

512 caw1582-17 High Court, Bombay, within four weeks from today, failing which the matter shall stand dismissed without further reference to the court. Hence, following order is passed:

a) Order dated 12.6.2017 passed by this court is recalled.

b) Writ Petition No.4885 of 2014 is restored on file for hearing on its own merits.

c) Applicant to pay cost of Rs.5,000/-. Cost to be deposited in the office of the Kirtikar Law Library, High Court, Bombay, within four weeks from today, failing which the matter shall stand dismissed without further reference to the court. d) Civil application stands disposed of accordingly.

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