1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1276 OF 2007 APPLICATION NO.1276 OF 2007 APPLICATION NO.1276 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.19706 OF 2002 APPEAL (ST) NO.19706 OF 2002 APPEAL (ST) NO.19706 OF 2002 Bhushan Vasant Mhatre ... Applicant Vs. Municipal Corporation of ... Respondent Greater Mumbai Mr. Parulekar for the Applicant. CORAM CORAM CORAM : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J : ANOOP V. MOHTA, J. DATE DATE DATE : 20TH JUNE, 2008 : 20TH JUNE, 2008 : 20TH JUNE, 2008 P.C. P.C. P.C. :- :- :- 1) This is an application for restoration of the matter which was dismissed pursuant to the order dated 25/10/2002 for non filing of decree. 2. Considering the amended provisions of C.P.C. and in view of the averments made, this application is allowed in terms of prayer clause (a). 3. In view of this prayer clause, the First Appeal (St.) No.19706 of 2002 is also permitted to withdraw. Pursuant to Para No. 4 and prayer (b), the application is accordingly allowed. 2 ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)