J.B.Dhane(Deceased)Heirs Tarubai J.Dhane And ORS. v. Vaijayantabai Jaysingh Jadhav And ORS.

18.618.13-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.618/2013 IN CIVIL APPLICATION NO.176/2010 IN SECOND APPEAL NO.186/1988 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. N. V. Bandiwadekar for the Applicant Mr. Srikant Yadav for the Respondent Nos.1A to 1D.

CORAM : K. K. TATED, J.

DATE : OCTOBER 20, 2015 P.C.:

1.

Heard. This Application is made by the Defendant for restoration of Civil Application No.176/2010 which was dismissed for default. The said Civil Application No.176/2010 was made by the Applicant for restoration of the Second Appeal No.186/1988, which was dismissed for default by order dated 06/11/2006.

2.

The learned counsel for the Respondent submits that they have no objection to condone the delay, however, the Applicant must pay cost of Rs.25,000/-.

Basavraj G Patil 1/2

18.618.13-cas 3.

The learned counsel for the Applicant agrees to pay cost of Rs.25000/- to Respondent Nos.1A to 1D - original Plaintiff within 4 weeks from today. Statement is accepted.

4.

Hence, by consent, following order is passed: a.

Delay in making the Civil Application is condoned.

b.

Civil Application No.176/2010 is restored to file for hearing on merits.

c.

The Applicant to pay cost of Rs.25000/- to Respondent Nos.1A to 1D within 4 weeks from today.

d.

Cost to be paid in the name of Respondent No.1C Rajendra Jaising Jadhav.

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2