Dr. Sarojini Damodar Sathe And ANR. v. Dr. Anjali Dilip Beke And ANR.

66-cra557-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.557 OF 2023 Sarojini Damodar Sathe & Anr.

... Applicants V/s.

Anjali Dilip Beke & Anr.

... Respondents VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2023.11.07 18:04:30 +0530 WITH INTERIM APPLICATION NO.15834 OF 2023 IN CIVIL REVISION APPLICATION NO.557 OF 2023 Sarojini Damodar Sathe & Anr.

... Applicants V/s.

Anjali Dilip Beke & Anr.

... Respondents Mr. Suneet Moholkar for the applicants.

Mr. Sandeep Maurya i/by Mr. Salil Dabke for respondent No.1.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 7, 2023 P.C.:

1.

The defendants by way of present revision application under section 115 of the Civil Procedure Code, 1908, takes exception to the order passed by the Trial Court restoring suit which was dismissed for non-prosecution.

2.

It appears that the application for restoration of suit was filed on the same day when the suit was dismissed for nonprosecution. Therefore, the Court had no discretion but to allow

66-cra557-2023.doc such application. Therefore, no interference is called for in the impugned order restoring the suit.

3.

However, considering the age of the applicant and the respondent, the Trial Court is directed to decide suit within one year from today.

4.

The civil revision application stands disposed of in above terms. No costs.

5.

In view of disposal of the civil revision application, the interim application does not survive and the same stands disposed of as infructuous.

(AMIT BORKAR, J.)