Dr. Ashok D. Sonule And ORS. v. The Bombay Dioceson Trust Association Pvt. Ltd.

907-ca-266-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.266/2019 IN CIVIL APPLICATION NO.4704/2013 IN FIRST APPEAL NO.1808/2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Miss Ruchita Kadam, Advocate i/b Sulbha Dhamale for the applicant.

CORAM : K. K. TATED, J.

DATE : 9 th August, 2019.

P.C.:

Heard learned advocate for applicant.

Learned advocate for applicant submits that all respondents are duly served through their Advocate. She undertakes to file affidavit of service within one week.

By this civil application, applicant is seeking recall of order dated 21.6.2019 passed by this Court by which Civil application no.4704/2013 stands dismissed for non prosecution. On that day, Chitra Sonawane 1/2

907-ca-266-19.doc no one appeared for Respondent also.

Considering the submissions made by learned advocate for applicant and the averments made in application, I am satisfied that applicant has made out case for allowing civil application. Hence, the order.

ORDER

a) Order dated 21.6.2019 passed by this Court is recalled. b) Civil application No.4704/2013 is restored on file for hearing on merits.

c) Civil application disposed of accordingly.

d) No order as to cost.

(K.K.TATED, J.) Chitra Sonawane 2/2