Sharda Hemant Gavhane And ANR. v. Babasaheb Bajirao Shingote

80-caw2991-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2991 OF 2015 IN WRIT PETITION NO.6865 OF 2010 Smt.Sharda H. Gavane & Anr.

...Applicants V/s.

Babasaheb B. Shingote

...Respondent

Mr.Shanjay P. Shinde for the Applicants.

Mr.Shailesh Chavan i/b Mr.Ashok P. for the Respondent No.1. CORAM : R.D. DHANUKA, J.

DATE : 8TH JUNE, 2018.

P.C. :- 1.

By this Civil Application, the applicants seek condonation of delay in filing the civil application, if any, for dispensing with the affidavit of the learned advocate and for recall of the order dated 4th July, 2014 passed by this Court dismissing the writ petition for default. 2.

I have heard the learned counsel for the parties and have perused the averments made in the civil application. The applicants have made out a case for recall of the order dated 4th July, 2014 and for the reliefs in terms of prayer clauses (a) and (b) also for the reasons recorded in the civil application.

3.

The delay, if any, in filing the civil application is condoned. 1/2

80-caw2991-15 The order dated 4th July, 2014 is recalled.

4.

The Writ Petition No.6865 of 2010 is restored to file with interim relief, if any, in force on the date of dismissal of the writ petition for default.

5.

The civil application is disposed of in aforesaid terms. Place the Writ Petition on board for admission on 18th June, 2018. Affidavit in reply, if any, shall be filed within one week from today and a copy thereof shall be served upon the petitioner's advocate simultaneously.

(R.D. DHANUKA, J.) 2/2