John Francis Dias v. The Indira Panati Co-Op. Housing Society Ltd. And ORS.

kvm 1/1 4-CAW3008.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3008 OF 2016 IN WRIT PETITION NO. 3413 OF 2001 John Francis Dias ..... Applicant

VERSUS

The Indira Panati Co-op.Housing Society Ltd. & Ors.

..... Respondents None for the Applicant.

Mr.M.R.Phal for the Respondent no.2.

CORAM :

R.D. DHANUKA, J.

DATE :

5th JULY, 2018 P.C.

None appeared for the applicant when the matter was called out. Heard learned counsel for the legal heirs of the respondent no.2. I have perused the averments made in the civil application. I am satisfied that the applicant has made out a case for recall of the order dated 1st September, 2016. For the reasons recorded in the civil application, order dated 1st September, 2016 is recalled. Writ Petition No.3413 of 2001 is restored to file alongwith interim order if any. Hearing of the Writ Petition No.3413 of 2001 is expedited. Civil application is disposed of in the aforesaid terms. No order as to costs. [R.D. DHANUKA, J.]