Shravan Chimna Wagh And ORS. v. Chintaman Govind Wagh

Tapadia RR/B.91 1/2 CAS/1153/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1153 OF 2014 IN SECOND APPEAL NO. 638 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Priyanka Joshi i/b S.M.Sabrad, Advocate for Applicants.

Ms. Manjiri Parasnis, Advocate for Respondent.

CORAM: R.G.KETKAR, J.

DATE : 10/04/2015 PC:

1.

Heard Ms.Priyanka Joshi, learned counsel for the applicants and Ms Manjiri Parasnis, Advocate for the respondent.

2.

This is an application for condonation of delay of 31 days caused in filing the application, as also for recalling order dated 22.2.2013 passed by this Court (Coram : R.Y.Ganoo,J.). By that order, Second Appeal was dismissed for want of prosecution.

3.

Ms Parasnis objected the application on the ground that no case is made out for condoning the delay as also

2/2 CAS/1153/2014 for recalling the order dated 22.2.2013.

4.

After hearing the learned counsel appearing for the parties and for the reasons stated in the application, I am satisfied that the applicants have made out a case for condoning the delay.

Hence, Civil Application is allowed in terms of prayer clause (a),(b), (b.1), and (c), with no order as to costs. Second Appeal No.638 of 2007 is restored to the file of this Court.

Amendment in the main Appeal shall be carried out within 14 days from today.

(R.G.KETKAR, J.)