Smt. Rani Jagannath Survase And ANR. v. Indumati Dattatraya Solse And ORS.

11. CAW 1498 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1498 OF 2018 IN WRIT PETITION NO. 5759 OF 2018 Smt. Rani Jagannath Survase & Anr.

...Applicants/ Petitioners

Versus

Indumati Dattatraya Solse And Ors.

...Respondents

---------- D. W. Bhosale - Advocate for the Applicants/Petitioners Samruddhi S. Ghadigaonkar i/by Sachin Chandan - Advocate for the Respondents.

---------- CORAM :

MADHAV J. JAMDAR, J.

DATE : 11th MARCH 2021 P.C. :

Civil Application is for recall/setting aside of order dated 04th May, 2018 passed by the learned Single Judge by which the writ petition was dismissed for non-prosecution. Learned Advocate Samruddhi S. Ghadigaonkar, on behalf of the Respondents, strongly opposes the application. According to her submission, there are no reasons given in the application for restoration. However in the interest of justice the delay in filing the application for restoration of two days is condoned and order dated 04th May, 2018 passed in above Writ Petition dismissing the petition for nonprosecution is set aside and writ petition is restored. Accordingly, Civil Application is disposed of.

[MADHAV J. JAMDAR, J.] Seema 1/1