Sunita Rajkumar Bafna v. Rishabh Subhash Talera And ORS

LSP 1 6 rpw 124.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Review Petition No.124 of 2025 In Civil Writ Petition No.17868 of 2024 Sunita Rajkumar Bafna ...

Petitioner V/s.

Rishab Subhash Taera and others ...

Respondents Mr. Makarand Akar (through v.c.), Ms. Apoorva Joshi, Mr.

Pooja Phagnekar Advocates for the Review Petitioner.

Mr. Nitin P. Deshpande (through v.c.) a/w. Rachana Harpale Advocates for Respondent No.1.

LATA SUNIL PANJWANI CORAM : S.M. MODAK, J DATE : 03rd September 2025.

LATA SUNIL PANJWANI Date: 2025.09.10 12:17:56 +0530 P.C. :

Heard learned Advocate Adkar for the Applicant and learned Advocate Shri Deshpande for Respondent No.1.

2.

It is true that this Court has disposed of the Writ Petition No.17868/2025 on 11th December 2024 only after hearing the Petitioner i.e present Respondent No.1. This Court has recorded in Para No.2 that suit was abated and application for restoration and for condonation of delay is pending. Whereas according to learned Advocate Adkar for the present Petitioner, in fact, the suit was

LSP 2 6 rpw 124.25.doc already restored when this Court has disposed of writ petition. He invited my attention to Page No.94. It is a summons issued by the Court returnable on 15th July 2025.

3.

Mr. Deshpande, on instructions, submits that the fact is otherwise and the suit is not restored. He wants some time to take instructions from his client. The concern of Mr. Adkar is that if this Court has passed some order, it needs to be implemented and in fact according to him as the suit was restored, the direction given by this Court on 11th December 2024 has become redundant. This will be clarified once learned Advocate Deshpande will take instructions about restoration of the suit.

4.

The matter be listed on 19th September 2025 for 'Directions'. 5.

Let learned Advocate Deshpande to take instructions about the restoration of suit if any and when.

(S.M. MODAK, J.)