Shri Ishwarlal G. Desai ( Since Deceased Through Lrs.) And ORS. v. The Collector,Union Territory Of Daman And Diu,

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2078 OF 2018 IN WRIT PETITION NO.3564 OF 2017 Shri Ishwarlal Gulabbhai Desai & Ors.

... Applicants

Versus

The Collector, Union Territory of Daman & Diu.

... Respondents Ms. Manjiri Parasnis for Applicants.

Mr. S. S. Deshmukh for Respondent.

CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE : 25th SEPTEMBER, 2018.

P.C. :

By the present Civil Application No.2078/18 the Applicants are seeking restoration of Writ Petition No.3564/97 which suffered dismissal on 28/07/2017 for non-appearance of the Counsel when the case was called. Civil Application is delayed by three days and as such cause has been shown explaining the said delay.

Nesarikar

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Having considered the reason assigned for condonation of delay in filing the application, we condone the delay. We have also considered the reason assigned for restoration of the Writ Petition. We find that there was sufficient cause for nonappearance of the Counsel when the case was called. In the circumstances, the Application is allowed. Writ Petition No.3564/97 be restored to its original number. 3.

As a result, the Civil Application filed in the said Writ Petition also stands restored.

(SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.)