Mohd Hanif S/O Abbas Ali Birajdar v. Mohd. Ismail S/O Babulal Shaikh And ORS

by IRESH SIDDHARAM MASHAL Date: 2021.08.26 16:37:55 +0530 IRESH SIDDHARAM MASHAL 13.32.21 cac.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 32 OF 2021 IN CIVIL REVISION APPLICATION NO. 784 OF 2011 MOHD HANIF S/O ABBAS ALI ....APPLICANT BIRAJDAR V/s.

MOHD. ISMAIL S/O BABULAL .....RESPONDENTS SHAIKH AND ORS Mr. Jitendra B. Mishra a/w Ashutosh Mishra for original applicant Mr. Prasad B. Kulkarni for respondent no. 1 None for respondent nos. 2 & 3 CORAM :

NITIN W. SAMBRE, J.

DATE:

AUGUST 25, 2021.

P.C.:

1] It is informed that service on respondent nos. 2 & 3 is complete, however, none appears. Learned counsel appearing for the applicant assures that in case if the Revision is listed for fnal hearing, matter will be attended diligently and no further adjournment will be sought. 1/2

13.32.21 cac.doc 2] Statement is accepted.

3] Even though claim for restoration is resisted by counsel for respondent no. 1, in view of above assurance, application is allowed in terms of prayer clause (a) which reads thus: (a) This Hon'ble Court be pleased to recall the Order dated 28.03.2019 and to restore the Civil Revision Application No. 784 of 2011 on its fle and hear and decide the same on its merits.

4] As the Revision stood restored to fle, let there be fresh notice to unserved respondents.

[NITIN W. SAMBRE, J.] 2/2