Shri. Popat Mahadeo Chavan v. Shri. Sidhav Jagannath Phadtare

kvm 1/2 18-CAS100.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 100 OF 2015 IN SECOND APPEAL NO. 717 OF 2012 Popat Mahadev Chavan & Ors.

..... Applicants

VERSUS

Sidhav Jagannath Phadtare & Ors.

..... Respondents Mr.V.S.Talkute for the Applicants.

Mr.A.M.Kulkarni for the Respondent no.1.

CORAM : R.D. DHANUKA, J.

DATE : 5th DECEMBER, 2016 P.C.

By this civil application, the applicants seek condonation of delay of 147 days in filing civil application and seeks restoration of the second appeal against respondent nos.2/1 and 2/2 which was dismissed in view of the non-compliance of the conditional order passed by the learned Registrar (Judicial-II) dated 15th July 2014.

2.

I have heard learned counsel for the applicants and learned counsel for the respondent no.1 and I have perused the averments made in the civil application. In my view for the reasons recorded in the civil application, a case is made out by the applicants for condonation of delay in filing civil application and for setting aside the order passed by the learned Registrar (Judicial-II) dated 15th July, 2014. 3.

I, therefore, pass the following order :-

kvm 2/2 18-CAS100.15 (a) Civil application is made absolute in terms of prayer clauses (a) and (b) on the condition that the applicants takes steps to serve respondent nos.2/1 and 2/2 within 12 weeks from today.

(b) It is made clear that if no steps are taken to serve respondent nos.2/1 and 2/2 within 12 weeks from today, the second appeal to stand dismissed against those two respondents without further reference to court. (c) No order as to costs.

(R.D.DHANUKA, J.)