Nazeer Mohammed Samiullah Shaikh v. Fayyaz Shabbir Maheskar And ORS.

14 caf 3302-13=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3302 OF 2013 IN FIRST APPEAL NO. 2309 OF 2006 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. C. K. Tripathi i/b Neeta Lad for the applicant. None for the respondent.

CORAM : K. K. TATED, J.

DATED : 08/01/2016 P.C.:

.

Heard learned Counsel for the applicant.

Though, the respondents are duly served, no one appeared on behalf of them when the matter called out.

The learned counsel for the applicant across the bar made a statement that the present Civil Application to be treated for restoration of Civil Application No. 801 of 2010 which was dismissed by order dated 01.03.2011. He seeks liberty to take out appropriate application in respect of other Civil Applications i.e. Civil Application No. 2078/2008, Civil Application No. 35/2009 & 36/2009.

The said liberty is granted.

Considering the submissions made by the Sneha Chavan 1/2

14 caf 3302-13=.doc 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 present Civil Application.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) Order dated 01.03.2011 passed by this Court is recalled.

c) Civil Application No. 801 of 2010 is restored on file for hearing on its own merits. d) Office is directed to place Civil Application 801 of 2010 for orders on 22.01.2016. e) Civil application stands disposed off accordingly.

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