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Bombay High CourtCAC/581/2016disposed off

Sugandha Sunil Sonavane v. Sunil Bajirao Sonavane

2016-08-19Hon'Ble Shri Justice M.S. Sonak2 pages

skc P-1-CAC-581-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 581 OF 2016 IN CIVIL REVISION APPLICATION NO. 600 OF 2013 Sugandha Sunil Sonavane .. Applicant vs.

Sunil Bajirao Sonavane .. Respondent Ms P. P. Hingmire for Applicant.

Mr. Sachin B. Chandan for Respondent.

CORAM : M. S. SONAK, J.

DATE : 19 AUGUST 2016 P.C :

1] Not on board. Upon production, taken on board. 2] Heard learned counsel for the applicant.

3] Upon perusing the application seeking restoration, I am satisfied that sufficient grounds have been made out for grant of relief. However, learned counsel for the respondent points out that the applicant after obtaining interim relief, has chosen not to prosecute the civil revision application with due diligence. As a result, the respondent was put to severe prejudice. 4] The order dated 1 August 2016 dismissing the civil revision 1/2

skc P-1-CAC-581-16 application for non prosecution can always be recalled provided, the applicant undertakes to pursue this matter with due diligence. Ms Hingmire learned counsel for the applicant undertakes to file vakalatnama on behalf of the applicant in the main civil revision application itself within a period of one week from today. This undertaking is accepted. Learned counsel for the applicant also states that the civil revision application will be attended to with due diligence and no unnecessary adjournments will be applied for. 5] On the aforesaid basis, the order dated 1 August 2016 is recalled. Civil revision application is restored to the file. Interim orders granted earlier are also restored.

6] Place the civil revision application for admission / confirmation of interim reliefs on 30 August 2016 on S.B.

6] Civil application no. 581 of 2016 is disposed of in the aforesaid terms.

(M. S. SONAK, J.) Chandka 2/2