Mr. Nilesh Arjun Dolas v. Mrs. Seema Nilesh Dolas

1/2 CAM 221 of 2016 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 221 OF 2016 IN REJECTED CASE No. 941 OF 2016 Mr. Nilesh Arjun Dolas ...Applicant In the matter between Mr. Nilesh Arjun Dolas ...Appellant Vs.

Mrs. Seema Nilesh Dolas ....Respondent ****** Mr. Mahadji Phalke for the Applicant ****** CORAM : V. M. KANADE & SMT. SWAPNA S. JOSHI, JJ DATE : SEPTEMBER 2, 2016 P.C. :

1.

Since the Family Court Appeal was dismissed for want of prosecution before issuing of the notice to the Respondents, we are of the view that without issuing the notice to the Respondents, this civil application for restoration can be allowed and order of dismissal of the appeal can be recalled.

2/2 CAM 221 of 2016 2.

We have heard the learned counsel appearing on behalf of the Applicant. The order dated 23.2.2016 passed by the Registrar- Judicial, dismissing the appeal for non-removal of the office objection is set aside and the FCA is restored to the file. Civil Application for restoration is allowed and disposed of in terms of prayer clauses (a) and (b). 3.

The Applicant shall remove the office objection within four weeks.

SWAPNA S. JOSHI, J.

V.M. KANADE, J.

Vaishali Tikam