Pandurang J. Hazare v. Pushpa P. Telrandhe

24.nms.325.15.s.1385.2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 325 OF 2015 IN SUIT NO. 1385 OF 2011 Pandurang Jairamji Hazare .. Applicant In the matter between :

Pandurang Jairamji Hazare .. Plaintiff Vs.

Smt. Pushpa Telrandhe .. Defendant None for applicant/plaintiff.

Mr.R.S. Ghadge for plaintiff mentioned at 5:00 p.m. Mr.L.R. Shukla a/w. Mr.Shivkumar Mishra i/b M/s. Legal Vision for defendant.

CORAM : K.R.SHRIRAM, J.

DATE : 15TH OCTOBER, 2016 P.C.

This notice of motion is taken out for recalling the order dated 28th November 2014 and to restore the suit to file. On 28th November 2014, the suit was dismissed because nobody appeared on 26th November 2014 when the matter was called out twice and on 28th November 2014 ,though the suit was listed under the caption 'for dismissal'. Even today nobody is present for the applicant. Shraddha Talekar PS 1/2

24.nms.325.15.s.1385.2011.doc The notice of motion, therefore, stands dismissed for want of prosecution.

At 5:00 p.m., the counsel for the plaintiff appeared and stated that he was unable to remain present in the morning session as he was held up in another Court.

I have considered the affidavit in support. For the reasons mentioned therein, the suit is restored to file.

The notice of motion accordingly stands disposed. The registry to issue writ of summons. The statement of the counsel for the plaintiff that they will apply for issuance of writ of summons within one week and have it served within four weeks, is accepted. If the application for issuance of writ of summons is not made within one week, the suit will stand dismissed without further reference to the Court.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2