Shri. Balu Eknath Parkhi And ORS v. Shri. Laxman Kaluram Jadhav And ORS

13 caw 2671-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2671 OF 2016 IN WRIT PETITION NO. 5589 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Madhav Jamdar for the Applicant.

CORAM : K. K. TATED, J.

DATED : 24/10/2016 P.C.:

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Heard learned Counsel for the applicant.

This application is for restoration of Writ Petition No. 5589 of 2016, which was dismissed for default by order dated 06.10.2016.

When the Writ Petition was on board before this court on 06.10.2016, notices were not issued to the Respondents. Hence, it is not necessary to issue notice to the Respondents.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the Sneha Chavan 1/2

13 caw 2671-16=.doc present Civil Application.

Hence, the following order:

a) Order dated 06.10.2016 passed by this Court is recalled.

b) Writ Petition No. 5589 of 2016 is restored on file for hearing on its own merits. c) Civil application stands disposed of accordingly.

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