Hiro Parasram Jaisinghani v. Naina Parasram Jainsinghani

578.14-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.578 OF 2014 IN FIRST APPEAL NO.1255 OF 2009 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. S. Rao for the Applicant Mr. Pravin Shewale i/b. J. S. Chandnani for the Respondent.

CORAM : K. K. TATED, J.

DATE : APRIL 29, 2015 P.C.:

1.

Heard. This Application is preferred by the Defendant for restoration of the present appeal which was dismissed in view of conditional order dated 17/02/2010 for non filing of private paper book. The learned counsel for the Applicant submits that the paper book is ready. He undertakes to file the same within a week. Undertaking is accepted.

2.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

578.14-caf 3.

Hence, the following order:

a) Delay in preferring the Civil Application is condoned.

b) One week time is granted to file the private paper book as per order dated 17/02/2010.

c) The present appeal is restored to file for hearing.

d) The learned counsel for the Respondent waives service in the First Appeal.

e) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2