Single Judge ordered recall/setting aside of order dismissing writ petition for non-prosecution. Held delay condoned and writ petition restored.
Order dated 04th May, 2018 dismissing writ petition set aside; writ petition restored.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 1498 OF 2018
IN
WRIT PETITION NO. 5759 OF 2018
Smt. Rani Jagannath Survase & Anr.
…Applicants/ Petitioners
Versus
Indumati Dattatraya Solse And Ors.
…Respondents
D. W. Bhosale – Advocate for the Applicants/Petitioners Samruddhi S. Ghadigaonkar i/by Sachin Chandan - Advocate for the Respondents.
CORAM : MADHAV J. JAMDAR, J. DATE : 11th MARCH 2021
P.C. :
Civil Application is for recall/setting aside of order dated 04th May, 2018 passed by the learned Single Judge by which the writ petition was dismissed for non-prosecution. Learned Advocate Samruddhi S. Ghadigaonkar, on behalf of the Respondents, strongly opposes the application. According to her submission, there are no reasons given in the application for restoration. However in the interest of justice the delay in filing the application for restoration of two days is condoned and order dated 04th May, 2018 passed in above Writ Petition dismissing the petition for nonprosecution is set aside and writ petition is restored. Accordingly, Civil Application is disposed of.
[MADHAV J. JAMDAR, J.]
1/1
Seema
1 issue framed by the court
Whether the delay in filing the application for restoration should be condoned and the order of dismissal for non-prosecution set aside.
Smt. Rani Jagannath Survase & Anr.
Indumati Dattatraya Solse And Ors.
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
