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Bombay High CourtIA/18411/2023disposed off

Shri Annappa Maruti Zalke v. Shri Ramu Balappa Bogarnal

2024-01-12Hon'Ble Shri Justice Milind N. Jadhav2 pages

43.IA.18411.2023.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18411 OF 2023 IN WRIT PETITION NO.8341 OF 2016 Annappa Maruti Zalake .. Applicant

IN THE MATTER BETWEEN:

Annappa Maruti Zalake Petitioner (Original Plaintiff)

Versus

Ramu Balappa Bogarnal ..

Respondent (Original Defendant) ....................

 Mr. K. B. Redekar, Advocate for Applicant / Petitioner. ..

 Mr. Annappa Maruti Zalake Applicant / Petitioner present. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 12, 2024 P.C.

:

1.

Heard Mr. Bedekar, learned Advocate for Applicant / Petitioner.

2.

Interim Application seeks restoration of Writ Petition No.8341 of 2016 which came to be dismissed by order dated 11.12.2023.

3.

I have perused the order dated 11.12.2023 which is at Exhibit-A, page No.6 of the Interim Application as also grounds enumerated in paragraph Nos.4, 5 and 6 of the Interim Application. 4.

The grounds stated for non-prosecution are completely believable in view of the Annexures to the Interim Application. Hence,

43.IA.18411.2023.doc the Interim Application stands allowed in terms of prayer clause (b) which reads thus:- "b) This Hon'ble Court be pleased to set aside the order dated 11.12.2023 passed by this Hon'ble Court and the aforesaid Civil Writ Petition No. 8341 of 2016 be restored to its original file."

5.

In view of allowing the above Interim Application, interim relief granted by order dated 18.07.2016 which is at Exhibit-C, page No.8 of the Interim Application shall stand revived / continued and restored. Copy of the Writ Petition be served on the Respondent by learned Advocate for the Applicant / Petitioner. 6.

List the Writ Petition on 31st January, 2024. 7.

With the above directions, Interim Application is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.01.15 10:55:33 +0530 HARSHADA HANUMANT SAWANT