Nivruti Dnyanu Patil v. Shankar Krishna Bhagat-Patil (Deceased Thr.Lrs)

5-cas1575-16 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1575 OF 2016 IN CIVIL APPLICATION NO.1376 OF 2016 IN SECOND APPEAL NO.265 OF 1991 Nivrutti D. Patil ...Applicant V/s.

Shankar K. Bhagat - Patil

...Respondent

Mr.Sachin Chavan for the Applicant.

Mr.Sarthak Diwan i/b Mr.A.M. Kulkarni for the Respondent. CORAM : R.D. DHANUKA, J.

DATE : 29TH NOVEMBER, 2016.

P.C. :- 1.

Learned counsel appearing for the applicant states that he has now instructions from his client to pursue the earlier civil application which came to be dismissed by this Court on 30th August, 2016 for want of prosecution. No affidavit in reply has been filed by the respondent. The applicant has made out a case for restoration of Civil Application No.1376 of 2016.

2.

I therefore, pass the following order :- a).

The order dated 30th August, 2016 passed in Civil Application No.1376 of 2016 is recalled. Civil Application No.1376 of 1/2

5-cas1575-16 2016 is restored to file.

b).

Civil Application No.1575 of 2016 is disposed of in aforesaid terms. No order as to costs.

c).

Place Civil Application No.1376 of 2016 on board for hearing and final disposal on 1st December, 2016. (R.D. DHANUKA, J.) 2/2