Rajendra Sadashiv Dhawale v. Yojana Rajendra Dhawale

cam-75,76.15 in fca-16,17.08 pmw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.75 OF 2015 IN FAMILY COURT APPEAL NO.16 OF 2008 WITH CIVIL APPLICATION NO.76 OF 2015 IN FAMILY COURT APPEAL NO.17 OF 2008 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Omkar Nagvekar i/by Mr. Sagar Kasar, for the Applicant in both Applications.

Mr. Ravindra V. Sankpal, for the Respondent in both Applications. CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 11th MARCH, 2015 P.C.

.

Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. This application for restoration is opposed by the learned counsel appearing for the Respondent by pointing out that repeatedly the Applicant remained absent.

cam-75,76.15 in fca-16,17.08 2.

However, considering the averments made in the application, it appears to us that the Advocate was not aware that the Appeal was listed on the final hearing board. A case for restoration is made out as a litigant cannot be allowed to suffer due to inadvertent error on the part of his or her Advocate. Accordingly, a case for restoration is made out. Applications are allowed in terms of prayer clause (A) subject to condition that as and when the Appeals are called out for final hearing, the Applicant will not be entitled to seek any adjournment.

3.

We direct the Applicants to pay costs quantified at Rs.2,500/- each to the Respondent within a period of two weeks from today. Appeals shall be immediately added to the appropriate final hearing board.

(A.K. MENON, J ) (A.S. OKA, J )