Mr. Kailash Prakash Tambe v. Mr. Raju Digambar Tambe And ORS.

1/2 12-CAW-2434-2435-118.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2434 OF 2018 IN WRIT PETITION NO. 1843 OF 2017 WITH CIVIL APPLICATION NO.2435 OF 2018 IN WRIT PETITION NO. 1843 OF 2017 Kailash Prakash Tambe .. Applicant

Versus

Raju Digambar Tambe and ors .. Respondents ...

Mr. N.S.Nevshe for the applicant.

Mr.S.B. Chandan for respondent nos.1 and 2.

CORAM: SHRI RANJIT MORE & SMT. BHARATI H.DANGRE, JJ.

DATED : 21st JANUARY 2019 P.C:- Heard.

Civil Application No.2434 of 2018 is taken out for restoration of the above Writ Petition. Since there is a gross delay of 15 days in filing restoration application, Civil Application No.2435 of 2018 is taken out for condonation of delay.

Tilak

2/2 12-CAW-2434-2435-118.doc Writ Petition No.1843 of 2017 was dismissed by this Court on 3rd August 2018 as none appears on behalf of the petitioner when it was called out.

The applicant has given cogent reasons as to why his lawyer could not remain present. we find that the said reasons are satisfactorily explained and we also find that delay in filing restoration application is sufficiently explained by making averments.

In light of above, we allow the above civil application nos.2434/18 and 2435/18 in terms of prayer clauses (a) and (a) respectively.

Civil Applications stand disposed of accordingly. Registry is directed to place the Writ Petition for admission on 25th February 2019.

(SMT. BHARATI H. DANGRE, J.) (RANJIT MORE, J.) Tilak