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Bombay High CourtCAS/1468/2014allowed

Smt. Pushpalata Purushottam Dhuri v. Smt. Rupavati Ankush Dhuri And ORS.

2015-07-17Hon'Ble Shri Justice Ravi K. Deshpande3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1468 OF 2014 WITH CIVIL APPLICATION NO.1469 OF 2014 WITH CIVIL APPLICATION NO.1470 OF 2014 WITH CIVIL APPLICATION NO.1471 OF 2014 IN SECOND APPEAL NO.581 OF 1998 Sau. Pushpalata Purshottam Dhuri .. Applicant.

V/s Sau. Rupavati Ankush Dhuri and ors.

.. Respondents.

Mr. Rakesh Pathak, for the Applicant.

Mr. Sachin Shetye i/by P. G. Karande, for the Respondents. CORAM : RAVI K. DESHPANDE, J.

DATED : 17th JULY, 2015 P.C.

1. Civil Application (St.) No.365 of 2012, Civil Application (St.) No.388 of 2012, Civil Application (St.) No.368 of 2012 and Civil Application (St.) No.371 of 2012 were filed for restoration of the Second Appeal against the respondent Nos.4, 5, 6 and 7. These applications were

2/3 dismissed for default. Therefore, four applications viz. Civil Application No.1468 of 2014, Civil Application No.1469 of 2014, Civil Application No.1470 of 2014 and Civil Application No.1471 of 2014 for restoration.

2. Heard the learned counsel appearing for the parties. After going through the contentions of the applications, I am satisfied that sufficient cause is made out for condonation of delay and restoration of these Civil Applications. Hence, the Civil Applications are allowed. The Second Appeal No.481 of 1998 is restored.

3. The learned counsel appearing for the respondent Nos. 1, 2 and 3 waives service of the Notice. The applicants/appellants to take steps to bring the legal representatives of the respondent Nos.4, 5, 6 and 7 on record, within the period of 12 weeks from today, failing which, these applications shall stand dismissed without

3/3 reference to this Court and the Second Appeal shall also stand as abated in its entirety.

4. The applicants to pay the cost of Rs.500/- in each of the applications, within the period of 8 weeks from today to the High Court Legal Aid Committee.

(RAVI K. DESHPANDE, J.)