Ganpat Mangalya Vaity (Decd) Through Lrs. And ORS v. Vishnakumari Udaysinh Verma And ORS

spb/ 19cdaw2343-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2343 OF 2019 IN WRIT PETITION NO. 7917 OF 2016 Mr. Ganpat Magalya Vaity since deceased through legal heirs:

1. Tarabai Ganpat Vaity and Others. ... Applicants. /Petitioners.

V/s.

Vishankumari U. Verma & Ors.

... Respondents.

--- Ms. Divya A. Pawar Patil, Advocate i/by Kiran B. Bhagat for the Applicants / Petitioners.

Mr. S. Kadam, Advocate a/w. Ms. Sayalee Rajpurkar, Advocate i/by Kadam & Co. for Respondent No. 6. --- CORAM : UJJAL BHUYAN, J.

DATE : DECEMBER 02, 2019.

PC :

Heard Ms. Divya Pawar, learned counsel for the Applicants and Mr. S. Kadam, learned counsel for Respondent No. 6.

This Civil Application has been filed for restoration of the related Writ Petition No. 7917 of 2016 to file after condoning the delay of 57 days. Borey 1/2

spb/ 19cdaw2343-19.doc It is seen that the said Writ Petition was dismissed for non-prosecution on 19.06.2019. This Application was filed thereafter on 26.08.2019. After hearing learned counsel for the parties and considering the averments made in the Application, more particularly, in paragraph no. 12 thereof, delay in preferring the application is condoned and the order dated 19.06.2019 is recalled.

Consequently, Writ Petition No. 7917 of 2016 is restored to file.

Civil Application is disposed of.

(UJJAL BHUYAN, J.) .....

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