Shri Nitin Kailas Shelar And ORS v. Mr Hitendra B. Gadkari And ORS

30-CAF-975-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 975 OF 2018 WITH CIVIL APPLICATION NO. 2255 OF 2019 IN FIRST APPEAL NO. 171 OF 2017 Shri Nitin Kailas Shelar & Ors.

....

Applicants V/s.

Mr. Hitendra B. Gadkari & Ors.

..... Respondents ......

Mr. R. Lad, Advocate for the Applicants.

Ms. Minal J. Chandnani, Advocate for the Respondent No.2. ......

CORAM

: K.K.TATED, J.

DATED : 11th October, 2019 P.C.

1.

Heard learned counsel for the parties.

2.

By this Civil Application, applicant is seeking restoration of First Appeal against Respondent Nos. 1 to 3 which stands dismissed in view of the conditional order dated 8th June, 2017 passed by Learned Registrar (Judicial-II).

3.

Considering the submissions made by the learned counsel for the applicant and averments made in Civil Application, I satisfy that applicant has made out a case for allowing both Civil Applications. Hence, following order is passed.

Ashwini G.

30-CAF-975-2018.doc

ORDER

a) First Appeal Stamp No. 31392 of 2012 is restored against Respondent nos. 1 to 3.

b) Learned Counsel Ms. Minal J. Chandnani appearing on behalf of Respondent no.2 waives service in First Appeal No. 171 of 2017.

(K.K.TATED, J.) Ashwini G.