← Library
Bombay High CourtCA/7096/2016dismissed for nonprosecutiondefault at admission stage

Anna Maruti Tulase v. Prakash Bhujang Tulase

2023-01-09Hon'Ble Ms. Justice Gauri Godse2 pages

4-CA-7096-2016 SGP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7096 OF 2016 IN CIVIL REVISION APPLICATION NO. 1009 OF 1998 Anna s/o Maruti Tulse ... Applicant

Versus

Prakash s/o Bhujang Tulse ... Respondent ...

Mr. Dashrath Dhumal - Advocate for Applicant Mr. V. V. Ingle - Advocate for Respondent ....

CORAM : GAURI GODSE, J.

DATE : 9th January, 2023 PER COURT :

1.

This civil application is filed for restoration of civil revision application. The order impugned in the civil revision application also challenges the order by which the suit of the present applicant was dismissed for non-prosecution. The papers of the civil revision application are destroyed, however, learned counsel appearing for the applicant has stated the facts with respect to the order impugned in the Civil Revision Application. 2.

By order dated 30th June, 2022, the applicant was granted time to place on record the medical papers with respect to the ground 1/2

4-CA-7096-2016 raised by the applicant that due to his mental illness he was unable to prosecute the civil revision application. Learned counsel appearing for the applicant states that the applicant is not in his contact and hence, he is unable to comply with the order dated 30th June, 2022.

3.

In such circumstances, civil application is dismissed for want of prosecution.

[ GAURI GODSE, J. ] 2/2