Shri Ram Narain Dhulichand Ahir (Since Deceased) Thru. Lrs. v. Smt Nirmalabai Thakurdas Khatri

CAO355_17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.355 OF 2017 IN CIVIL APPLICATION NO.210 OF 2017 IN CIVIL REVISION APPLICATION (ST.) NO.12692 OF 2017 (Ran Narain Dhulichand Ahir (decd) through heirs Vs. Nirmalabai Thakurdas Khatri) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Champawalla Abdul Waheed for Applicants.

CORAM : R. G. KETKAR, J.

DATE : 3RD JUNE, 2019 P.C.:

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Heard Mr. Champawalla, learned Counsel for the applicants.

2.

This is an application for setting aside order dated 18.09.2017 passed by this Court. By that order, Civil Application for condonation of delay was dismissed for non-prosecution. As a result, C.R.A. was also dismissed. Civil Application was dismissed principally on the ground that there was a blank in the place reserved for stating the quantum of delay.

3.

By order dated 20.12.2017, notice was issued to the respondent. Private notice was also permitted. Office remark dated 30.05.2019 shows that notice issued to the 1/2

CAO355_17.doc sole respondent on fresh address is duly served. None appears for the respondent. In view thereof and for the reasons stated in the Application, Civil Application is allowed in terms of prayer clause (a). Civil Application No.210 of 2017 is restored to its original position. (R. G. KETKAR, J.) Minal Parab 2/2