The court allowed the civil application for restoration of a dismissed writ petition, condoned the delay, and directed issuance of fresh notices to respondents.
Civil application allowed; Writ Petition No.10054 of 2009 restored; fresh notices issued returnable on 12/06/2012.
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CA-488/12
AAB
.. 1 ..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY . CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.488 OF 2012 IN
WRIT PETITION NO.10054 OF 2009
Nivruti Mandu Salunkhe ... Applicant. V/s. Laxman Pandu Salunkhe & Ors. ... Respondents.
Mr Tope for the Applicant. Mr S.D.Rayrikar, AGP for Respondent No.4.
CORAM : RANJIT MORE, J. DATED : 20th April, 2012.
P.C.
1 Heard Mr Tope, learned Counsel for the Applicant and Mr Rayrikar, learned AGP for Respondent No.4.
2 This application is taken out for restoration of the aforesaid writ petition. The said writ petition came to dismissed on 29/06/2010 as none appeared on behalf of the Petitioner when the matter was called out for orders. Since, the writ petition was dismissed prior to the Respondents entering their appearance, their presence can be dispensed with for disposal of this civil application.
.. 2 .. CA-488/12
AAB
3 Since there is delay in taking out this application, prayer is made for condonation of delay. The Applicant has given explanation for his absence when the matter was called out for admission on 29/06/2010 as well as for delay occurred in filing of this application in paragraph Nos. 2 to 5 of this civil application. I find that said explanation is satisfactory.
4 In that view of the matter, civil application is allowed in terms of prayer clauses (b), (c) and (d). Writ Petition No.10054 of 2009 stands restored to the file.
5 Registry to issue fresh notices in the above said writ petition to the Respondents, returnable on 12/06/2012.
( Ranjit More, J.)
1 issue framed by the court
Whether the writ petition should be restored despite delay in filing the application for restoration.
Nivruti Mandu Salunkhe
Laxman Pandu Salunkhe
Ranjit More
As recorded by the court registry
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