Shivappa Advyappa Badage v. Mahadev Shankar Donage

34. CAS. 170.17 .doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 170 OF 2017 in SECOND APPEAL NO. 642 OF 1994 Shivappa Advyappa Badage (Since deceased) through his Legal heirs 1-a. Smt. Sushila Shivappa Badage & Ors. ...Applicants/Appellants. V/s.

Mahadeo Shankar Donage & Ors.

... Respondents.

Mr. Mandar Limaye for the Applicants/Appellants. Ms. Vrushali Penkar i/b. Bhushan Walimbe for Respondents 1A to 1C.

CORAM : N.M. Jamdar, J.

DATE : 11 January, 2018.

P.C. :- Heard learned Counsel for the parties. This is an application for restoration of the Second Appeal which was dismissed for non-prosecution on 12 January 2017.

2.

Perused the application and I have gone through the reasons set out. Considering the reasons set out, I am of the opinion that the application deserves to be allowed.

34. CAS. 170.17 .doc 3.

Accordingly, the Civil Application is allowed. The Second Appeal No. 642 of 1994 stands restored to file (N.M. Jamdar, J.)