1.Shri Rajaram Bandu Gadade And ORS. v. 1. Shri Govind Sonba Gadade And ORS.

30 cas1591-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1591 OF 2015 IN SECOND APPEAL NO.147 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Shah Kayval P. for the applicant Mr.S.S.Shah for the respondent nos.1 to 5 and 7 to 10

CORAM

: K.K.TATED, J.

DATED : 17/10/2015 PC:

Heard the learned counsel for the parties.

This application is for restoration of Second Appeal No.147 of 2011 against respondent no.5 which was dismissed in view of conditional order dated 20.1.2015 passed by learned Registrar (Judicial-II).

The learned counsel for the respondent nos.1 to 5 and 7 to 10 submits that they have no objection if Civil Application is allowed.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as advocate for respondents has given no objection, I am satisfied Mohite 1/2

30 cas1591-15.doc that the Applicant has made out a case for following order:

a) Delay in preferring Civil Application is condoned.

b) Order dated 20.1.2015 passed by learned Registrar (Judicial-II) is set aside.

c) Second Appeal No.147 of 2011 and pending Civil Application, if any, is restored against respondent no.5.

d) The learned counsel for respondent nos.1 to 5 and 7 to 10 waives service in Second Appeal No.147 of 2011 and pending Civil Applications, if any.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Mohite 2/2