Smt. Hema Wd/O. Dilip Valecha v. M/S. Dhaval Housing Corporation,

APPL. 206-12 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) No. 206 OF 2012 IN CHAMBER SUMMONS No. 1011 OF 2010 IN NOTICE OF MOTION No. 1870 OF 2010 IN SUIT No. 896 OF 1983 Smt. Hema Wd/o. Dilip Valecha ...

Appellant Vs.

M/s. Dhaval Housing Corporation ...

Respondents *** None for the Appellant.

Mr. Rajiv Narula a/w Bhupesh Dhumatkar i/b Jhangiani Narula & Associates, for the Respondents.

*** CORAM : V. M. KANADE, & Mrs. SWAPNA S. JOSHI, JJ.

DATE : OCTOBER 10, 2016 PC.

.

None appears on behalf of the Appellant. Heard Mr. Rajiv Narula, learned counsel appearing on behalf of the Respondent Corporation. A suit was filed by the plaintiffs for specific performance of an agreement, which was entered into between the 1 / 2

APPL. 206-12 parties in 1978. The said suit was abated as against plaintiff No. 2. The Appellant, therefore, took out a chamber summons for setting aside the abatement of the suit. The suit was also dismissed for want of prosecution. She, therefore, took out notice of motion for restoration of the suit. Both - the chamber summons and the notice of motion were heard together. The learned Single Judge by a reasoned order, more particularly given in paragraphs 10 and 11, did not condone the delay of more than 13 years for setting aside the abatement, as also the delay of more than four years from the date of dismissal of suit in default. We do not see any reason to interfere with the well reasoned order passed by the learned Single Judge. Appeal is therefore dismissed.

Sd/- Sd/- [Mrs. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2