Shri. Madhusudan S. Poddar And ANR v. Shri. Shreeprakash Poddar

p6.142.16-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.142/2016 IN FIRST APPEAL NO. 1870/2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. J. Thorat for the Applicant Mr. S. P. Srivastava for the Respondent CORAM : K. K. TATED, J.

DATE : JANUARY 15, 2016 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Appellant, the matter is taken on board for urgent orders.

2.

This Application is made by the original Defendant for restoration of the First Appeal which was dismissed for default by order dated 12/01/2016.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

p6.142.16-caf 4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That the above appeal be restored to file by recalling the order of dismissal/disposal dated 12/01/2016 and the interim protection/ reliefs passed by the Hon'ble Court by order dated 14/11/2008, passed at interim stage in the Civil Application No.5129/2008 be restored."

b) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2