Sampada Tanaji Budhawale And ANR. v. Vilas @ Dattu Anna Madane And ORS.

45-IA-811-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.811 OF 2022 IN FIRST APPEAL NO.458 OF 2005 Sau. Sampada Tanaji Budhavale & Anr.

...Applicants

IN THE MATTER BETWEEN

Sau. Sampada Tanaji Budhavale & Anr.

...Appellants Vs Shri Vilas @ Dattu Anna Madane & Ors.

... Respondents ...

Mr. Prasanna Shahane i/by Mr. Milind Deshmukh for the Applicants/Appellants.

Mr. Sharad T. Bhosale i/by Mr. Dilip Bodake for Respondent Nos.1 to 4.

Mr. A.R.Patil, Assistant Government Pleader for the State/Respondent No.5.

CORAM : SANDEEP K. SHINDE J.

DATE : FEBRUARY 21, 2022.

P.C. :

st January, 2017, appellants/applicants were directed On 31 to file private paper-book within three months. That period was Shivgan 1/2

45-IA-811-2022.odt st July, 2017. In spite of granting sufficient time, extended upto 31 paper-book was not filed, which resulted into dismissal of First Appeal No.458 of 2005. Applicants seek restoration of the appeal and condonation of delay. Mr. Prasanna Shahane, learned advocate, appearing on behalf of the appellants undertakes, to file paper-book within three months. Thus, in view of the Undertaking and cost of Rs.5,000/- to be deposited with Kirtikar Law Library within two weeks from today, order dismissing the appeal is recalled and First Appeal No.458 of 2005 is restored to file. If applicants do not pay th March, 2022, appeal cost and fail to file paper-book on or before 16 shall stand dismissed without further reference to this Court. Interim application stands disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 2/2