Misc. Application of the deceased-plaintiff and whether the Appellate Court was in error regarding the observations of abatement of the Application for restoration ... were not brought on record in the Misc. Application for restoration, the Misc. Application stood abated after the expiry of 90 days, and the restoration
Daga, J.
1. The petitioner in the present Civil Application is seeking restoration of the writ petition No. 2581 of 1991 which was filed under ... dismissed as abated.
10. The writ petitioner (original third party in lower appellate Court) has moved the present Civil Application for restoration bearing
further period of two months, an application for restoration
of suit and setting aside of abatement was made and the
same could have been heard ... suit was abated then
there could not have been any further dismissal of the suit
and further restoration of the suit. The eviction suit
application for restoration of the suit under
Order 9 Rule 4 of the CPC .
(iii) an order allowing or rejecting an application for a declaration ... application for restoration of the suit
under Order 9 Rule 4 of the CPC .
(iii) an order allowing or rejecting an application for a
declaration
against the common order
passed by the Joint Charity Commissioner on an application filed
under Sections 41-A and 41-E of the Maharashtra Public ... Joint Charity Commissioner under Section 41-
E is also abated. An application for restoration of the said first appeal
appears to be pending. This Court
Shankar have filed this application for
condonation of delay setting aside abatement bringing
themselves on record and restoration of the appeal. Meanwhile,
the respondent ... proceedings.
4. Though, the appeal stands automatically abated on
expiry of 90 days, formal order of abatement was passed on
20.07.2012. Thereafter, the respondent/plaintiff
2469/2013. That application was dismissed for default on 27.6.2014.
The plaintiff, therefore, took out Civil Application No.2800/2014 for
restoration of that Civil ... order dated
28.9.2010, the petition was disposed of as abated. The plaintiff filed
application for restoration of that Writ Petition. By order dated 11.6.2015,
this
application for setting
aside the abatement, is huge, ranging from 3
years to 16 years. In so far as application for
restoration of the second ... that the
delay in filing the restoration application or in
filing the application for setting aside the
abatement, has occurred for any malafide reason
application for setting
aside the abatement, is huge, ranging from 3
years to 16 years. In so far as application for
restoration of the second ... that the
delay in filing the restoration application or in
filing the application for setting aside the
abatement, has occurred for any malafide reason
reasons, Civil Application No. 521 of 2016 is hereby
dismissed.
19] The Civil Application No. 475 of 2014, which is for restoration
of the Petition ... application to be
abated as against the legal representatives of the Respondent No.
1. The reasons set out in the application seeking restoration hardly
inspires
