← Library
Bombay High CourtCAF/3108/2019disposed off

Yamunabai Ashok Kakad v. N. Santhilkumar S/O Natarajan Faridabad And ANR

2019-08-26Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO.12534 OF 2019 IN FIRST APPEAL NO.924 OF 2008 Ashok Kisan Kakad ...Applicant In the matter between Ashok Kisan Kakad ...Appellant

Versus

Santhilkumar S/o. Natarajan Faridabad and Anr.

...Respondents

WITH CIVIL APPLICATION (STAMP) NO.12532 OF 2019 IN FIRST APPEAL NO.1439 OF 2010 Mrs. Yamunabai Ashok Kakad ...Applicant In the matter between Mrs. Yamunabai Ashok Kakad ...Appellant

Versus

Santhilkumar S/o. Natarajan Faridabad and Anr.

...Respondents

.....

Mr. C.M. Lokesh I/b. M/s. G.S. Hegde and Associates for the Applicant. Ms Poonam Mittal for the Respondent No.2.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 26th AUGUST, 2019.

P.C.:- The Applicants herein have sought to condone the delay of 10 years 48 days in filing the applications and for restoring the First 1/3

Appeal Nos.924 of 2008 and 1439 of 2010, which were dismissed for non compliance of conditional order dated 5th March, 2008. 2.

By order dated 5th March, 2008 the Applicants were directed to file paper book within a period of one year. The Applicants were put to notice that non compliance of the said condition would result in dismissal of the appeals.

3.

The learned counsel for the Applicants states that the Applicants are residents of Nashik. They were not aware of the order. They have stated that the paper book remained to be filed due to inadvertence. He undertakes to file the paper book within a period of six months.

4.

The learned counsel for the Respondents has given no objection to condone the delay subject to cost. 5.

In the light of the said statement and in view of the reasons stated in the applications, the delay is condoned. The Appeals are restored to file subject to payment of cost of Rs.3,000/- to the High Court Legal Services Authority, Mumbai within a period of two weeks. 2/3

6.

Call for the record and proceedings. The Applicants shall file the paper books within a period of six months. Issue notice to the Respondent No.1. Ms Poonam Mittal, the learned counsel waives service of notice on behalf of the Respondent No.2. 7.

The Applications stand disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3