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Bombay High CourtCAF/2321/2014

Shri. Sadashiv Yaswant Jadhav(Deceased)Through His Lrs. 1.Mr. Dattatraya Sadashiv Jadhav v. Shri. Rangrao Laxman Nale(Deceased) His Lrs Smt. Hemlata Rangrao Nale

2015-08-07Hon'Ble Shri Justice K.K. Tated2 pages

905 caf2321-14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2321 OF 2014 IN FIRST APPEAL NO.705 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Nitin P. Dalvi i/b Mr.Abhaysingh A. Shinde for the applicant Mr.Rahul Walvekar for the respondent

CORAM

: K.K.TATED, J.

DATED : 07/08/2015 PC:

Not on board. At the request of Advocate for applicant, matter is taken on board.

This application is for restoration of Civil Application No.2326 of 2013 which was dismissed by order dated 15.10.2013 for non­prosecution by this court.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

Mohite 1/2

905 caf2321-14.doc a) Order dated 15.10.2013 passed by this court is recalled.

b) Civil Application No.2326 of 2013 is restored on file for hearing on its own merits.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2