Vijay Chandrashekharan Nadar v. The Municipal Corporation Of Greater Mumbai

(913) CAO 352-18.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 352 OF 2018 IN CIVIL APPLICATION (STAMP) NO. 10512 OF 2018 IN APPEAL FROM ORDER (STAMP) NO. 10511 OF 2018 Vijay Chandrashekharan Nadar .. Applicant Vs.

The Municipal Corporation of Gr. Mumbai .. Respondent Mr. R. D. Suryawanshi I/b Kharwar & Associate for the Applicant. Mrs. Manisha Bhoir for the Respondent-BMC.

CORAM : K. K. SONAWANE, J.

DATE : 2 nd AUGUST, 2018.

P. C. :

1.

Heard learned Counsel for the applicant. Perused application. 2.

This Court (Coram : V. M. Deshpande, J.) under Order dated 28.06,2018 dismissed appeal for want of prosecution. Learned Counsel for the appellant-applicant submits that due to unavoidable circumstances, the appellant could not attend the proceeding resulting into dismissal of the appeal. He requested to restore the proceeding to its original stage. 3.

In view of submission and the reasons mentioned in the application, there is no impediment to restore the proceeding at its original stage. The matter is pertaining to immovable property and in case the application is not allowed, the applicant may be prevented from getting substantial justice into the matter. Hence, the application stands allowed in terms of 1/2

(913) CAO 352-18.doc prayer clause (a).

4.

The proceeding of the Appeal from Order (Stamp) No. 10511 of 2018 be restored to its original stage. The impugned order passed by this Court (Coram : V. M. Deshpande, J.) dated 28.06.2018 is hereby recalled. The Registry to take further steps to restore the proceeding to its original stage.

5.

Accordingly, the Civil Application stands disposed of. by Arjun Machhindra Kadam Date: 2018.08.06 18:09:17 +0530 Arjun Machhindra Kadam [K. K. SONAWANE, J.] 2/2