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Bombay High CourtCAM/237/2015allowed

Javed S/O Late Hamid Kasam Jugari And Othrs v. Parveen Jugari

2016-07-14Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka2 pages

k 1/2 15 cam 237.15 in fca 62.09 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLCATION NO.237 OF 2015 IN FAMILY COURT APPEAL NO.62 OF 2009 Javed s/o Late Hamid Kasam Jugari & Ors.

..... Applicants/Appellants V/s Smt. Praveen Jugari ..... Respondent Mr. M. Arshad Haindaday for the Applicants/Appellants. Mr. D.R. Tiwari for the Respondent.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATED : 14 JULY 2016 ORDER:

Heard learned Counsel appearing for the Applicant. Family Court Appeal preferred by the Applicants was dismissed for non-prosecution on 9 October 2014 as none appeared for the Applicants when the Appeal was called for final hearing. Perused the averments made in the paragraphs 10 and 11 of the Application which show that the Advocate appearing for the Applicants was prevented due to sufficient cause from remaining present before the Court. Hence, a case for restoration is 1/2

k 2/2 15 cam 237.15 in fca 62.09 as.doc made out. Accordingly, the Application is allowed in terms of prayer clause (a). Appeal shall be immediately added to the appropriate weekly Board.

(A.A. SAYED, J.) (A.S. OKA, J.) katkam 2/2