Lahu Shivram Gangode v. Dharma Shiva Wadgaokar

1.4439.13-vsg FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4439/2013 IN FIRST APPEAL NO. 1625/2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. H. E. Palve for the Applicant Mr. Swapnil V. Walve h/f. Sham Walve for the Respondent CORAM : K. K. TATED, J.

DATE : JANUARY 20, 2016 P.C.:

1.

Heard. This Application is for restoration of the First Appeal which was dismissed in view of conditional order dated 21/01/2011 passed by this court for non filing of private paper book.

2.

The learned counsel for the Applicant submits that inadvertently, the order dated 21/01/2011 was not complied with. He submits that the Applicant undertakes to file private paper book within 2 weeks from today.

3.

Considering the submissions made by the learned counsel for the Applicant and as the Applicant undertakes to file paper book within 2 Basavraj G Patil 1/2

1.4439.13-vsg weeks from today, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) The First Appeal is restored to file.

b) Time to file private paper book as per order dated 21/01/2011 is extended by 2 weeks from today.

c) If paper book is not filed within stipulated time as stated herein above, the Civil Application shall stand dismissed without further reference to the court.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2