Surekha Hanumantrao Pawar And ANR v. Bhagwant Daji Gaikwad (Deceased)And ORS

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(20) CAO 204-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.204 OF 2016 IN CIVIL APPLICATION NO.94 OF 2016 IN CIVIL REVISION APPLICATION ST. NO.118 OF 2016 Surekha Hanumantrao Pawar & anr.

...Applicants Vs.

Bhagwant Daji Gaikwad (deceased) & ors.

...Respondents

........

Mr. Vijay Killedar for the applicants.

Mr. Sandeep D. Paigude for respondent nos.3, 5,7 to 12. ........

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : JUNE 19, 2017.

P.C.:

This application is filed for restoration of Civil Revision Application (Stamp) No.118 of 2016 which was dismissed for non- prosecution by the order of this Court dated 2nd August, 2016. 1/2

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(20) CAO 204-16 2.

The learned counsel for respondent nos.3, 5, 7 to 12 is present. He submits that the order of discontinuation of the interim relief granted during the pendency was passed without hearing him.

3.

Considering the reasons for setting aside the order, the application for restoration is allowed. Order dated 2nd August, 2016 is hereby set aside. The respondents may file affidavit-in-reply and serve a copy to the applicants.

4.

S.O. to 23/6/2017.

(MRIDULA BHATKAR, J.) 2/2