Avinash Vasant Patwardhan v. Ramesh Sakharam Nalawade

14 cao 20-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 20 OF 2016 IN CIVIL APPLICATION NO. 137 OF 2010 IN CIVIL APPLICATION NO. 335 OF 2009 IN CIVIL REVISION APPLICATION (ST). NO. 23958 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Uday Warunjikar for the Applicant.

CORAM : K. K. TATED, J.

DATED : 14/06/2016 P.C.:

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Heard learned Counsel for the applicant.

This application is for restoration of Civil Application No. 137 of 2010, which was dismissed by this Court by order dated 08.10.2010 for not making appropriate statement in Civil Application. The learned counsel for the applicant submits that applicant undertakes to file additional affidavit in Civil Application No. 137 of 2010 within four weeks from today.

Considering the submissions made by the learned counsel for the Applicant and as the applicant undertakes to file additional affidavit in Civil Application No. 137 of 2010 within four weeks Sneha Chavan 1/2

14 cao 20-16=.doc from today, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Order dated 08.10.2010 passed by this Court is recalled and Civil Application No. 137 of 2010 is restored on file for hearing on its own merits.

b) Applicant to file additional affidavit in support of Civil Application No. 137 of 2010 within four weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2