Dattatraya Narayan Mirkar (Decd) Through Lrs v. Vishnu Dattatraya Barve

caw­802­16­(906)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.802 OF 2016 IN WRIT PETITION NO. 2684 OF 2002 Dattatraya Narayan Mirkar (deceased) through LRS & Ors.

..Applicants Vs.

Vishnu Dattatraya Barve ..Respondent Mr. S. B. Shetye for the Applicants Mr. V. B. Tapkir for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

15th APRIL, 2016 P.C.

The above Civil Application has been filed seeking restoration of the interim relief which was operating in the above Petition since 2­5­2002 till the Petition stood abated in view of the death of the Petitioner. The above Petition has been restored to file vide order dated 9­4­2014 passed in Civil Application No.1963 of 2014. the Learned Counsel appearing for the Respondent Mr. Tapkir submits to the orders of the Court. Since the interim relief was granted in the above Petition and was operating till the Petition stood abated, in my view on restoration of the above Petition, the said interim relief would have to be restored. Hence the interim relief granted vide order dated 2­5­2002 to stand restored in terms of prayer clause (a) of the above Petition. The Civil Application is accordingly disposed of. List the Petition for final hearing after the ensuing summer vacation. [R.M.SAVANT, J] mmj