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Bombay High CourtNMW/43/2018absolute

Ratnamma Jayawant Belly v. Chandrappa Margappa Belly And 4 ORS

2018-02-06Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Shri Justice A.S. Oka1 pages

rsk 1/1 P-517-NMW-43-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.43 OF 2018 IN WRIT PETITION (L) NO.2463 OF 2017 Ratnamma Jayawant Belly ..Petitioner vs.

Chandrappa Margappa Belly and Ors.

...Respondents

---- Ms.Radhika Samant i/b Mr. Pradeep Havnur for the Applicant. Ms.Shital Mane for the Respondents-BMC.

---- CORAM : A.S. OKA & P. N. DESHMUKH, JJ.

DATE : 6th FEBRUARY, 2018 P.C.:

.

Not on board. Taken on board.

2.

Heard the learned counsel appearing for the Applicant. The Writ Petition filed by the Applicant has been dismissed for non-prosecution by the learned Prothonotary and Senior Master in exercise of the powers under Rule 986 of the Original Side Rules.

3.

In view of the averments made in the affidavit in support, a case for restoration is made out. Accordingly, notice of motion is made absolute in terms of prayer clauses (a) to (c). We make it clear that on the failure of the Applicant to remove all office objections within the extended period of 4 weeks from today, the order of dismissal of the Petition shall stand.

(P.N. DESHMUKH, J) (A.S. OKA, J.)