Samreen Bano Sarfaraj Shaikh Maniyar v. Sarfaraj Hamid Shaikh Maniyar

{1} CA 11414 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO.11414 OF 2022 IN MCA/26/2022 SAMREEN BANO SARFARAJ SHAIKH MANIYAR

VERSUS

SARFARAJ HAMID SHAIKH MANIYAR ...

Advocate for Applicant : Shri Krushna S. Solanke Advocate for Respondent : Shri Sohel E. Siddiqui ...

CORAM : M.G.SEWLIKAR, J.

DATE : 5th September, 2022 PER COURT :- 1.

Heard.

2.

Learned counsel for the applicant submits that Miscellaneous Civil Application No.26 of 2022 was listed on 29th June, 2022. Notice for fnal disposal was issued on 29th June, 2022 and it was made returnable on 27th July, 2022. He submits that on 12th July, 2022, matter was listed on board. He submits that he was not present on that day. The order passed was that if the copies are not supplied within two weeks, the matter shall stand dismissed automatically without reference to the Court, 3.

Learned counsel for the applicant submits that for some unforeseen circumstances he could not supply copies within two

{2} CA 11414 OF 2022 weeks.

4.

Learned counsel for the respondent has strongly objected for restoration of Miscellaneous Civil Application. He submits that the proceeding pending at Jalna is disposed of. Therefore, there is no propriety in restoring the matter. 5.

The applicant has made out a case for restoration of Miscellaneous Civil Application. In view of this, application is allowed.

6.

Miscellaneous Civil Application No.26 of 2022 is restored to fle.

7.

List the matter for admission on 4th October, 2022. 8.

Interim relief to continue till then.

( M.G.SEWLIKAR ) JUDGE SPT