Virendra Dattajirao Dafle v. Appaya Nagappa Wadar (Decd.Thr.Lrs) Satyappa @ Satish Annappa Wadar(Salunkhe)

Sr.56.ia.922.23..doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 922 OF 2023 IN REJECTED CASE NO. 2342 OF 2013 Shri. Virendra Dattajirao Dafee ...Applicant V/s.

Appayya Nagappa Wadar & Ors.

...Respondents

Since Deceased Thr. LR's & Ors.

Mr. Akshay Kulkarni i/b Mr. A. M. Kulkarnie for the Applicant.

CORAM : MADHAV J. JAMDARe J.

DATE : 07th FEBRUARYe 2023.

P.C.:

1.

By order dated 19th Auguste 2013e this Court dismissed the Civil Application No. 964 of 2013 fled in Second Appeal (ST) No. 16096 of 2013 for non-prosecution. The said Civil Application was fled seeking condonation of delay in fling Second Appeal. Thereaftere the Applicant took out Civil Application No. 318 of 2015 seeking restoration of Civil Application No. 964 of 2013. Howevere the same was also dismissed for non prosecution by order dated 11th Octobere 2019.

2.

The present Interim Application 922 of 2023 is taken

Sr.56.ia.922.23..doc out for restoration of the Civil Application No. 964 of 2013. 3.

For the reasons set out in the Interim Applicatione the same is allowed in terms of prayer clauses (a) & (b). The Civil Application No. 964 of 2013 is restored to fle. 4.

The Applicant is permitted to reconstruct the papers of Civil Application No. 964 of 2013 along with Second Appeal (ST) No. 16096 of 2013 within a period of eight weeks from today.

5.

The order dated 19th Auguste 2013 of dismissing the Civil Application No. 964 of 2013 is also recalled and the said Civil Application No. 964 is restored to fle. 6.

Place the Civil Application No. 964 of 2013 on 6th Aprile 2023.

7.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDARe J.)