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Bombay High CourtCA/14324/2019disposed offdismissed for default

Shabana Shaikh Yunus v. Abdul Hamid Abdul Gafur And Another

2019-12-06Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

972 CA NO 14324 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14324 OF 2019 IN WP/13565/2019 SHABANA SHAIKH YUNUS

VERSUS

ABDUL HAMID ABDUL GAFUR AND ANOTHER ...

Advocate for Applicant : Mr.R.R.Shaikh ...

CORAM

:

RAVINDRA V. GHUGE, J.

DATE :

6th December, 2019.

PER COURT :- 1.

The Applicant/Petitioner prays for recalling the order of this Court dated 08/11/2019 by which, the writ petition was dismissed on account of failure to supply copy of the petition paper book for issuance of notice.

2.

This civil application has been filed within limitation.

3.

The learned Advocate for the petitioner tenders a complete set of the petition paper book

972 CA NO 14324 of 2019.odt across the bar. The same is taken on record. 4.

In view of the above, the civil application is allowed and the writ petition is restored to the stage at which it was dismissed.

5.

Needless to state, the interim relief granted earlier would continue to protect the petitioner. 6.

Issue notice to respondent No.1/original plaintiff, returnable on 24th January, 2020.

( RAVINDRA V. GHUGE, J. ) SSTare