Sunil Namdeorao Magre v. Shaikh Gulab Rasul Shaikh Chand

940.CA.14385.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.14385 OF 2017 IN CIVIL REVISION APPLICATION NO.35 OF 2017 WITH CIVIL APPLICATION NO.14386 OF 2017 Sunil s/o Namdeorao Magare Applicant versus Shaikh Gulab Rasul Shaikh Chand and another Respondents Mr.H.H.Padalkar for applicant.

CORAM : PRAKASH D. NAIK, J.

DATE :

30th November 2017 PC :

This is an application for restoration of Civil Revision Application No.35 of 2017 which has been dismissed for non removal of office objections in accordance with order dated 21st April 2017. Learned counsel for the applicant submits that office objection was with reference to supply of spare copies for issuing notice to the respondents. It is submitted that inadvertently the spare copy could not be supplied. Considering the fact that notice was not served upon the respondents when the application was dismissed for default, this application can be allowed by condoning the delay in filing this application. Hence, Civil Application No.14385 of 2017 is allowed in terms of prayer clauses (B) and (C). (PRAKASH D. NAIK, J.) MST