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

907.267.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.267/2019 in Civil Application No.4705/2013 in First Appeal No.1810/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Ruchita Kadam I/b. Sulbha Dhamale for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 9, 2019 P.C.

Heard. The learned counsel for the Applicant submits that the Respondents are duly served. She submits that the Applicant undertakes to file Affidavit of Service within a week. The statement is accepted.

By this Civil Application, the Applicant is seeing to recall the order dated 21.06.2019 by which the Civil Application No.4705/2013 stood dismissed for non prosecution.

Considering the submissions made by the learned counsel for the Applicant Basavraj G. Patil 1/2

907.267.19-caf.odt and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Order dated 21.06.2019 is recalled.

b.

Civil Application No.4705/2013 is restored to file for hearing on merits.

c.

The Civil Application stands disposed of accordingly. No order as to costs.

(K.K.TATED, J.) Basavraj G. Patil 2/2