Parwati Shivaji More v. Madhukar Kuber Bhosale And ORS.

1.cas1153.18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1153 OF 2018 IN REJECTED CASE NO. 1803 OF 2011 Parwati Shivaji More.

..Applicant.

v/s.

Madhukar Kuber Bhosale & ors.

..Respondents.

Mr. V.S. Talkute i/b. Mr. Raju Yamgar, advocate for applicant. Mr. Avinash Avhad, advocate for respondent.

CORAM : SMT. SADHANA S. JADHAV,J.

DATE : DECEMBER 19, 2019.

P. C. :

This is an application seeking restoration of the second appeal which was dismissed for want of prosecution by the Registrar (Judicial I) vide order dated 5/10/2011. There is delay of 5 years and 289 days in filing the present application seeking restoration. For the reasons assigned in paragraphs- 9, 10 and 11, application seeking restoration deserves to be allowed upon imposing cost of Rs. 25,000/-. The application is allowed on the following terms. The parties shall pay a cost of Rs. 25,000/-. The same be remitted to Nargis Dutta Memorial Cancer Hospital at Barshi. The amount be deposited within 8 weeks. Learned Counsel shall furnish receipt on record, failing which Second Talwalkar

1.cas1153.18.doc Appeal shall stand dismissed for want of prosecution. Time to remove office objection is granted by way of last chance for 4 weeks, failing which the second appeal shall stand dismissed for want of prosecution.

The application is disposed of accordingly.

[SMT. SADHANA S. JADHAV, J.] Talwalkar