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Bombay High CourtCAO/297/2017disposed off

Istiyag Ahmed Mohammed Hanif v. Smt. Girijabai Wd/O. Shiva Bansode (Since Deceased) And ORS

2019-01-21Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi1 pages

osk 48-cao-297-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 297 OF 2017 IN CIVIL APPLICATION NO. 185 OF 2015 IN R.C. NO. 433 OF 2015 Istiyag Ahmed Mohammed Hanif ...

Applicant V/s.

Smt.Girijabai Shiva Bansode (Since deceased) Through LRs. & Ors.

...

Respondents • None for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 21st JANUARY, 2019.

P.C. :

1] None present for the Applicant.

2] This application is filed for condonation of delay in setting aside the order dated 17/02/2015 passed by this Court, thereby dismissing Civil Application No.185 of 2015 and to restore the said Civil Application to its original file.

3] Considering that the Notice of Motion is of the year 2014 in a pending Suit of the year 2008 and the Appeal itself is dismissed for default, thereafter the restoration application is also dismissed for default, no case is made out to condone the delay and to allow this application, hence stands dismissed.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1