Shri. Santosh Maruti Waghmode And ANR. v. Maruti Rajaram Waghmode And ORS.

Rane 1/2 CA-1083-2018 (sr. 508) 25.2.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1083 OF 2018 (FOR RESTORATION) IN SECOND APPEAL NO. 309 OF 2016 Santosh Waghmode .....Applicant V/s.

Maruti Waghmode ....Respondent **** Mr. Vaibhav R. Gaikwad, Advocate for the applicantappellant. Mr. Sarvadnya S. Kadtare i/by. Mr. Kuldeep U. Nikam, Advocate for respondent no.1.

CORAM : SANDEEP K. SHINDE, J.

CORAM : SANDEEP K. SHINDE, J.

Monday, 25 Monday, 25th th February, 2019.

February, 2019.

P.C. :

P.C. :

1.

Heard learned Counsel for the parties.

2.

The Second Appeal and Civil Applications therein were dismissed for default on 15th June, 2017. This

Rane 2/2 CA-1083-2018 (sr. 508) 25.2.2019 application was filed for restoration of Appeal and Civil Application on 18th June, 2017 i.e. two days beyond limitation. The applicant seeks restoration of Appeal and condonation of delay.

3.

Heard learned Counsel for the parties.

4.

That for the reasons stated therein, the Civil Application is allowed in terms of prayer clause (a). 5.

The order dated 15th June, 2017 is recalled. The delay is condoned. Appeal, as well as, Civil Application is restored to file.

(SANDEEP K. SHINDE, J)