Shri.Raghunath Rama Bhuvad v. Shri.Robert Dsouza (Since Deceased) And ORS.

47-IA-18573-20222.doc 2023:BHC-AS:28281 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18573 OF 2022 IN FIRST APPEAL NO.1298 OF 2019 Raghunath Rama Bhuvad ] Applicant Vs.

Robert D'Souza (since deceased) ] Victoria D'souza and others ] Respondents .....

Mr. Surendra H. Mishra, for Applicant.

Mr. Bhushan Walimbe, for Respondents.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 25th September, 2023.

P.C.

1.

Heard.

2.

While admitting the appeal on 23rd July, 2019, the appellant was directed to file private paper book with a copy to the other side within one year, failing which, it was directed that appeal would stand dismissed.

3.

Since the said direction has not been complied with, the appeal came to be dismissed by the aforesaid self operative order.

47-IA-18573-20222.doc 4.

Learned Counsel for the respondents objects the prayer. 5.

After considering the reasons set out in the application, application is allowed. Order of dismissal of the appeal is set aside. Appeal is restored to it's original file and the period for filing private paper book stands extended for a period of four weeks. 6.

If the appellant fails to file private paper book within the extended period of four weeks, order dated 23rd July, 2019 would stand revived automatically.

7.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]