Datta Panchayatan Trust And ORS. v. Maruti Malu Salunkhe And ORS.

Chittewan 1/2 CAL 68-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION OF 68 OF 2014 IN LETTERS PATENT APPEAL NO.40 OF 2004 IN WRIT PETITION NO.7223 OF 2002 Shri Datta Panchayatan Trust represented by its trustees

2. Mr. Dattatraya Yashwant Phadake and ors.

.. Appellants.

Original Petitioner in W.P. No.7223 of 2000 V/s

1. Mr. Maruti Malu Salunkhe and ors.

.. Respondents Original Respondents in W.P. No.7223 of 2000 Pallavi Dabholkar, for the Appellants.

Mr. Anilkumar Patil, for the Respondents No.2, 7 to 11. CORAM : NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED : 10th July, 2015 P.C.

1.

Heard.

2.

In view of the reasons stated in the application and

Chittewan 2/2 CAL 68-14 considering the submissions advanced, we are inclined to restore the appeal, which was dismissed by this court's order dated 3rd April, 2013 for non-prosecution. The learned counsel appearing for the respondents has opposed the restoration. The application is allowed. The order passed by this Court dated 3rd April, 2013 dismissing the Letters Patent Appeal No.40 of 2004 for non-prosecution is recalled. The Letters Patent Appeal No.40 of 2004 be listed for final hearing as per its turn.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.)