Shri Prabhakar Sitaram Prabhune (Since Decd. Thr. Lr'S) And Another v. Bapu Jaywant Khoman (Decd. Through Legal Heirs)

CAS/417/2015 Tapadia RR/B.7

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 417 OF 2015 IN SECOND APPEAL NO. 749 OF 1992 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. V.S.Gokhale, Advocate for Applicant.

CORAM : R.G.KETKAR,J.

DATE : 20/03/2015 PC:

1.

Heard Mr.V.S. Gokhale, learned counsel for the applicant.

2.

This is an application for recalling the order dated 6.2.2015, whereby the Appeal was dismissed in default. Mr Gokhale submitted that for the reasons stated in paragraph 1 of the application, the order dated 6.2.2015 may be recalled. He submitted that he has served copy on the other side.

3.

Mr. Gokhale submitted that the Appeal was admitted on 11.2.1993 as grounds no.1 to 3 raised substantial questions of law. The matter was listed

CAS/417/2015 for final hearing. Because of the reasons set out in paragraph 1 of the application, he could not attend the matter when it was called out.

4.

In view thereof, the Civil Application is allowed in terms of prayers (a) and (b) with no order as to costs. The order dated 6.2.2015 passed in the above Second Appeal is recalled. Second Appeal No.749 of 1992 is restored to the file of this Court at its original position.

Office is directed to add this Appeal in the weekly Board in the week commencing from 30.3.2015.

(R.G.KETKAR, J.)