Mr. Salim Khan Budhan Khan v. Municipal Corporation Of Greater Mumbai And ANR.

36 CAF 2777-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2777 OF 2019 IN FIRST APPEAL NO. 1908 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

Mr. Pankaj Dwivedi i/b Diwakar Dwivedi for the Applicant.

Ms. Sheetal Mane for the Respondents.

CORAM: K.K.TATED, J.

DATED : SEPTEMBER 24, 2019 P.C.

1 Heard learned Counsel for the parties.

2 By this Civil Application, the Applicant is seeking to recall the order dated 04/06/2019 passed by this Court by which the First Appeal No. 1908/2013 stood dismissed for non prosecution.

3. Considering this fact that, because of the mistake on the part of the advocate the litigant should not suffer, the following order is passed:

a. The order dated 04/06/2019 passed by Laxmi 1/2

36 CAF 2777-19.doc this Court is recalled.

b. First Appeal No. 1908/13 is restored on file for hearing on its own merits.

c. Civil Application stands disposed of accordingly.

d. No order as to costs.

(K.K.TATED, J.) Laxmi 2/2