M/S.City Promoter And Developers Thr.Its Part.Mrs. Swati Tushar Doshi And ANR v. Mr. Firoj Ismail Pathan And ORS

Trupti 901-cac-105-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 105 OF 2017 IN CIVIL REVISION APPLICATION No. 412 OF 2016 M/s. City Promoter and Developers Through its Partners

1. Mrs. Swati Tushar Doshi & Anr.

...Applicants

Versus

Mr.Firoj Ismail Pathan & Ors.

...Respondents

......

Mr.Mahesh Rawool i/b. Mr. A.B. Avhad for the Applicants. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

JUNE 19, 2018 P.C. :

1.

The learned Counsel for the applicants informs the Court that the application for injunction is pending for hearing before the Waqf Tribunal.

2.

This Civil Application is moved for restoration of Civil Revision Application, which was dismissed for default by order dated 11th August, 2016 passed by this Court. Notice to the respondents is not required, as the Civil Revision Application was dismissed before issuance of notice. There is a delay of 3 days in

Trupti 901-cac-105-2017.doc filing the present Civil Application. Hence, he prays that the delay be condoned and the order dated 11th August, 2016 be quashed and set aside.

3.

In view of the above submissions, the order dated 11th August, 2016 of dismissing the Civil Revision Application is hereby quashed and set aside. Delay is condoned. Civil Revision Application is restored to its original file. 4.

Civil Application is allowed and is accordingly disposed of. 5.

Place this Civil Revision Application on board on 30th July, 2018.

(MRIDULA BHATKAR, J.)