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Bombay High CourtCAS/1606/2018allowed

The Chairman, Lingeshwar Vidhyalaya Committee v. Shri Narayan Ramchandra Warang

2019-08-06Hon'Ble Shri Justice Sandeep Kashinath Shinde2 pages

Sr. No. 8 CAS 1606 of 2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1606 OF 2018 IN SECOND APPEAL NO. 92 OF 1995 The Chairman Lingeshwar Vidhyalaya Committee, Tulsuli Turf-Mangaon, Taluka Kudal, Dist. Sindhudurg.

... Applicant Vs Shri. Narayan Ramchandra Warang & Ors. ... Respondents Mr. Vikram N. Walawalkar i/b. Amey C. Sawant, Advocate for the Applicant.

CORAM : SANDEEP K. SHINDE J.

DATE : August 6 th , 2019 P.C. :

1.

The applicant is seeking restoration of Second Appeal No. 92 of 1995, which was dismissed for non appearance. On 15.04.2019 notices were issued to the respondents. There are about twenty four respondents to whom the petitioner has served and has filed proof of service by filling affidavit of service dated 30.07.2019 along with Track Consignment. Affidavit of service Prachi Potdar 1/2

Sr. No. 8 CAS 1606 of 2018.odt is taken on record and marked as 'X-1' for identification. This report shows the dates on which the notices were delivered to the respondents. Second Appeal has been admitted by this Court and pending for the final disposal since 1995. 2.

That for the reasons stated in the application, the order dated 02.11.2017 is recalled and the appeal is restored to file. 3.

Office is directed to list this appeal for final hearing as per its turn.

4.

Learned counsel for the applicant is directed to serve the copy of this order to the respondents and file affidavit to that effect within five weeks from today.

5.

Application is allowed in the aforesaid terms and disposed of accordingly.

(SANDEEP K. SHINDE, J.) Prachi Potdar 2/2