Abdulrashid Khudbuddin Jamadar v. Tehsin Abdulrashid Jamadar And ORS

Megha 23_appw_425_2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.425 OF 2017 IN CRIMINAL WRIT PETITION NO.81 OF 2017 Abdulrashid Khudbuddin Jamadar ...Applicant

Versus

Mrs. Tehsin Abdulrashid Jamadar & Ors.

...Respondents

.....

Mr. Vinod Sangvikar i/b. Mr. Umesh R. Mankapure for the Applicant. Mr. V.V. Gangurde, APP for the Respondent No.9-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 27th NOVEMBER, 2017.

P.C.:- By order dated 24 th April, 2017 the Applicant was directed to furnish spare copy within a period of one week. The Applicant was put to notice that the Petition would stand dismissed for non prosecution on failure to supply spare copy. The Applicant had not complied with the said order and as such the Petition was dismissed for non prosecution.

2.

Mr. Vinod Sangvikar, the learned counsel for the Applicant submits that he will furnish the spare copy within a period of one Megha 1/2

Megha 23_appw_425_2017.doc week. The statement is accepted.

3.

Considering the said statement and also considering the averments made in the paragraph 5 of the Application, order of dismissal is set aside. The Writ Petition No 81 of 2017 is restored to file.

4.

The Petitioner to furnish copy within a period of one week, thereafter registry to issue notice to the Respondents, returnable on 15.1.2018.

5.

The application stands disposed of.

(ANUJA PRABHUDESSAI, J.) Megha 2/2