Hon'ble Single Bench allowed the civil application to recall the order dismissing the writ petition for want of prosecution. The writ petition was restored to file and listed for appearance on a future date.
Civil application allowed. Impugned order dated 21.12.2017 set aside. Writ petition restored to file. Listed for appearance on 18.01.2022.
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.
41.caw.99.21.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 99 OF 2021 IN
WRIT PETITION NO. 5125 OF 2016
Vaibhav S. Kapur (HUF) through its Karta.. Applicant
Sunil Kapur
Versus
Suresh Gangaram Lohate and Ors... Respondents
None for the ApplicantNone for the RespondentsCORAM : MILIND N. JADHAV, J.
DATE : 16th DECEMBER, 2021.
P.C.:
None appears for the parties. Perused the Civil Application.
2. The Civil Application has been filed to recall the order dated
21.12.2017 passed in Writ Petition No.5125 of 2016 dismissing the
said Writ Petition for want of prosecution. On that date, none
appeared for the Petitioner.
3. The reasons stated in paragraph Nos. 3 to 5 read with
Exhibit - 1 i.e. leave note of the concerned Advocate justify allowing
the present Civil Application.
1 of 2
41.caw.99.21.doc
4. In view of the above, I am inclined to allow the present Civil Application. The order dated 21.12.2017 passed in Writ Petition is set aside. Writ Petition stands restored to file.
5. Civil Application stands disposed of in the above terms.
6. Writ Petition to appear on board on 18.01.2022.
[ MILIND N. JADHAV, J. ]
Digitally signed by AJAY AJAYTRAMBAK TRAMBAKUGALMUGALE UGALMUGALE Date: 2021.12.18 10:01:50 +0530
2 of 2
1 issue framed by the court
Whether the Civil Application seeking to recall the order dismissing the underlying Writ Petition for want of prosecution should be allowed based on the leave note.
Vaibhav S. Kapur (HUF)
Suresh Gangaram Lohate and Ors.
Milind N. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court