Love Dale Cooperative Housing Society Ltd. v. Daisy Damania And ORS.

caw-1.15.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1 OF 2015 IN WRIT PETITION NO.6178 OF 2010 Love Dale Cooperative Housing Society Ltd.

... Applicant Vs.

Daisy Damania and Ors.

... Respondents Mr. Rajshekhar V. Govilkar, for the Applicant. Mr. V.S. Gokhale, AGP, for the Respondent Nos.2 to 4. CORAM : A.S. OKA & V.L. ACHLIYA, JJ.

DATE : 2nd SEPTEMBER, 2015 P.C.

.

The learned counsel appearing for the Applicant, on instructions, states that the first Respondent is no more. He has tendered on record a photocopy of the Death Certificate showing that the first Respondent died on 28th March, 2014. The prayer is for restoration of the Writ Petition which was dismissed for non-prosecution on 29th October, 2014. When the Petition was dismissed, none had appeared even for the Respondents. In view of the averments made in paragraph 2 of the application, a case for restoration is made out. Accordingly, the application is allowed in terms of prayer clause (a). Writ Petition No.6178 of 2010 shall be added to the appropriate weekly board.

(V.L. ACHLIYA, J ) (A.S. OKA, J )