Vivek S/O Narayan Barasinge v. Pradip S/O Rajabhau Nalamwar

WP5820.19 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5820/2019 VIVEK S/O NARAYAN BARSINGE VS.

PRADIP S/O RAJABHAU NALAMWAR ------------------------------------------------------------------------------------------------------------------------- Office notes Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

Shri A.C.Jaltare, Advocate for petitioner.

Shri A.V.Kale Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATED : DECEMBER 02, 2019.

As the petitioner's application under Order XLI Rule 19 of the Code of Civil Procedure, 1908 (for short, '

the Code') for restoration of the appeal that was dismissed for want of prosecution has been rejected, an appeal under the provisions of Order XLIII Rule 1(t) of the Code is available to the petitioner.

Hence the writ petition is permitted to be withdrawn with liberty to file an appeal. No costs.

All points raised in the petition are kept open. JUDGE Andurkar.