Application for restoration of a dismissed writ petition allowed due to the death of the first respondent, enabling the writ petition to be added to the weekly board.
Writ Petition No. 6178 of 2010 restored and added to weekly board.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
caw-1.15.sxw
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1 OF 2015 IN WRIT PETITION NO.6178 OF 2010
Love Dale Cooperative Housing Society Ltd.
… Applicant
Vs.
Daisy Damania and Ors. … Respondents
Mr. Rajshekhar V. Govilkar, for the Applicant. Mr. V.S. Gokhale, AGP, for the Respondent Nos.2 to 4.
CORAM : A.S. OKA & V.L. ACHLIYA, JJ.
DATE : 2nd SEPTEMBER, 2015
P.C.
. The learned counsel appearing for the Applicant, on instructions, states that the first Respondent is no more. He has tendered on record a photocopy of the Death Certificate showing that the first Respondent died on 28th March, 2014. The prayer is for restoration of the Writ Petition which was dismissed for non-prosecution on 29th October, 2014. When the Petition was dismissed, none had appeared even for the Respondents. In view of the averments made in paragraph 2 of the application, a case for restoration is made out. Accordingly, the application is allowed in terms of prayer clause (a). Writ Petition No.6178 of 2010 shall be added to the appropriate weekly board.
1 of 1
1 issue framed by the court
Whether the writ petition should be restored after the death of the first respondent.
Love Dale Cooperative Housing Society Ltd.
Daisy Damania
Ors.
A. S. Oka
V. L. Achliya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
