Atmaram Ganpat Paradkar (Since Deceased Through Legal Heirs) v. Balaji Bhikaji Ghadigaonkar (Since Deceased Through Legal Heirs) And ORS.

1 38 CAS 611-17 in SA 460-03 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 611 OF 2017 (For restoration of Second Appeal) in SECOND APPEAL NO. 460 OF 2003 Mr.Atmaram Ganpat Paradkar, Tari, (since deceased) by heirs :

A) Anjali Atmaram Tari Paradkar and others .. Applicants Vs

1. Mr.Balaji Bhikaji Ghadigaonkar Since deceased, through his LRs.

2. Dhondu Bhikaji Ghadigaonkar Since deceased by his legal heirs- a. Janardhan Dhondu Ghadigaonkar and others .. Respondents Mr.Bhavin Gadu a/w Sumeet Bansad i/b M/s.L.J.Law, for Applicants. Mr.Ashok Tajane i/b Mr.Hemant Ghadigaonkar, for Respondent No.2A.

Coram : N.M.Jamdar, J.

Date : 2 February 2018.

P.C. :

The Civil Application No.611 of 2017 is filed for setting aside the order passed on 22 July 2014 dismissing the application for

2 38 CAS 611-17 in SA 460-03 .doc default since the advocate did not remain present. Considering the facts and circumstances and that the Applicants have tendered apology, the order dated 22 July 2014 is recalled. Second Appeal is restored to file.

(N.M.Jamdar, J.)