Rajaram Dhaku Sawant (D/H) v. Ambaji Narayan Sawant (D/H) And Others

osk 32-CAS-395-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 395 OF 2018 IN SECOND APPEAL NO. 320 OF 2017 Rajaram Dhaku Sawant (Since decd.) Through LRs. & Ors.

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Applicants V/s.

Ambaji Narayan Sawant (Since decd.) Through LRs. & Ors.

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Respondents • Mr.Sainand Chaugule for the Applicant.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 9th APRIL, 2018.

P.C. :

1] This is an an application for restoration of the Second Appeal by condoning the 193 days in filing this Civil Application. 2] The Second Appeal came to be dismissed for non removal of the office objection, as the affidavit of service of notice on Respondents was not filed and also not supplied the copies for issuance of the notice to the Respondents.

3] For the reasons stated in the application, the application is allowed. The delay is condoned. Second Appeal is restored to its original file subject to deposit of costs of Rs.5,000/- (Rs. Five Thousand only) with High Court, Legal Services Authority, Mumbai. [DR.SHALINI PHANSALKAR-JOSHI, J.] 1/1