Neela W/O. Prabhubhai Rathod v. Kantilal S/O. Jadhavji Rathod

1 appp1585.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP)_NO.1585 OF 2018 AND CRIMINAL APPLICATION (APPW)_NO.214 OF 2018 AND CRIMINAL WRIT PETITION NO.878 OF 2016 (SMT. NEELA PRABHUBHAI RATHOD..VS.. KANTILAL JADHAVJI RATHOD & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.S.Dhore, Advocate for Petitioner.

CORAM : Z.A.HAQ, J.

DATED : OCTOBER 09, 2018.

CRI.APPLN.NO.1585/2018 & APPW NO. 214/2018.

Accepting the explanation given in the applications and considering the facts of the case, especially that the Criminal Writ Petition is dismissed in default and not on merits, delay of 187 days in filing the application for restoration of the writ petition is condoned, order passed by this Court on 14th February 2018 is recalled and writ petition is restored.

The criminal applications are allowed accordingly.

CRI.W.P.NO. 878/2016.

Taken up for hearing on admission.

The learned advocate for the petitioner states that the judgment and decree passed in Special Civil Suit No. 354

2 appp1585.18 of 1996 in favour of the petitioner is challenged by the respondents before this Court in First Appeal, which is pending.

Issue notice to the respondents, returnable on 14th January 2019.

JUDGE RRaut..