Sou. Chhabutai Subhash Ubale And ORS. v. Shri. Sanjay Sitaram Shinde And ORS.

33.10717.16-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10717/2016 Chabutai S. Ubale & Ors.

... Petitioners V/s.

Sanjay Sitaram Shinde & Ors.

... Respondents Mr. Mahindra Deshmukh for the Petitioners Mr. Ajit Savagave for Respondent No.3.

CORAM:

K.K. TATED, J.

DATED :

MARCH 4, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner Defendant Nos.6 to 8 challenge the order dated 04.08.2016 passed by the court below rejecting their Application for stay of the operation and implementation of the decree passed by the Trial Court. The learned counsel for the Respondent submits that before the appellate court, the Petitioner made Misc. Application No.7/2016 for condonation of 3 years, 10 months and 8 days delay in filing the appeal against the judgment and decree in Regular Civil Suit No. 211/2000. He further submits that during pendency of the Writ Petition, the Misc. Application No.7/2016 came to be dismissed for default by order date 03.1.2018. To that effect, he has placed on record a photocopy of the said order. Same is taken on record and marked "X" for identification. In view of this statement, nothing survives in the Writ Petition. Basavraj G. Patil 1/2

33.10717.16-wp.doc The learned counsel for the Petitioner submits that he does not have any instructions whether the Petitioner has made any Application for restoration of the Misc. Civil Application No.7/2016.

Considering these facts and in view of dismissal of the restoration Application, following order is passed: a.

The Writ Petition stands disposed of as infructuous in view of the subsequent development.

b.

Liberty granted to the Petitioner to file fresh petition for the same cause of action in case the appellate court restores the Misc. Application No.7/2016.

c.

No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2