Hari Chandu Adhal v. Smt. Leelabai Kakshinath Bhattad And ORS.

2-cas103-14 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.103 OF 2014 IN SECOND APPEAL NO.661 OF 2008 Hari C. Adhel ...Applicant V/s.

St.Leelabel K. Bhatted & Ors.

...Respondents

Mr.A.B. Tejane for the Applicant.

Ms.Avanti Inamdar i/b Mr.Rameshwar Gite for the Respondent No.4. CORAM : R.D. DHANUKA, J.

DATE : 19TH AUGUST, 2016.

P.C. :- 1.

By this civil application the applicant seeks condonation of delay of one year and 136 days in filing the civil application and seeks restoration of the second appeal, which was dismissed by an order dated 25th November, 2010 passed by this Court. No affidavit in reply has been filed.

2.

The delay in filing the civil application has not been explained satisfactorily. However, in the interest of justice and upon payment of cost of Rs.10,000/- to the respondent no.4 which shall be paid within one week from today, the delay of one year and 136 days in filing the civil application is condoned. The order dated 25th 1/2

2-cas103-14 November, 2010 passed by this Court is recalled. Second Appeal No.661 of 2008 is restored to file.

3.

The civil application is disposed of in aforesaid terms. 4.

Place the Second Appeal No.661 of 2008 on board for admission on 22nd August, 2016.

(R.D. DHANUKA, J.) 2/2