Shri. Sudhir Kumar Sengupta Decd Through Lhrs v. Smt. Kusum Pandurang Keni

JAYARAJAN ANJAKULATH NAIR Date: 2022.09.16 17:12:05 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 25 IA-3715.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3715 OF 2019 IN WRIT PETITION NO.5355 OF 1999 Sudhir Kumar Sengupta (Deceased) Through LRs.

] ] ... Applicants Vs.

Kusum Pandurang Keni ] ... Respondent ...

Mr. J.J. Damani for the applicants.

...

CORAM

: KAMAL KHATA, J.

DATED : 15TH SEPTEMBER, 2022.

P.C.:- 1.

Learned counsel for the applicant submits that the matter was suddenly listed on board on 02/12/2019 and since his name did not appear on the board, he could not remain present in the court. Explanation for his absence is offered in paragraph No.4 of the application.

2.

In view of the above submission and the explanation offered in paragraph No.4 of the application, the interim AJN

2/2 25 IA-3715.19.odt application is made absolute in terms of prayer clauses (a) and (b). The writ petition stands restored to the file. 3.

Place the writ petition on board on 16/11/2022. 4.

If an application for deposit of rent is filed by the petitioner before the trial court, the trial court shall consider the same on its own merits.

[KAMAL KHATA, J.] AJN