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Bombay High CourtCAS/1637/2015allowed

Shri Pandurang Dnyanoba Patil (Deceased Thr. L/H.) Shri Subhas Pandurang Patil v. The Collector, Kolhapur

2016-07-08Hon'Ble Shri Justice Nitin Jamdar2 pages

bsb 1 40.CAS1637.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1637 OF 2015 IN SECOND APPEAL NO. 763 OF 2012 Pandurang Dnyanoba Patil (s9ince deceased, through heirs) Subhash pandurang Patil & ors.

... Applicants v/s The Collector, Kolhapur & ors.

... Respondents Mr.S.S.Hardikar for the applicants.

None present for the respondents.

Coram: N.M. Jamdar, J.

Dated: 8 July, 2016 P.C.:

Perused the application. The application is filed for restoration of the second appeal which was dismissed for default. Learned counsel for the Applicants tenders an unconditional apology. He also undertakes that, when the appeal will be taken up, no request for an adjournment or keeping back the matter will be made. In view of this undertaking and the unconditional apology, the

bsb 2 40.CAS1637.15.doc application is allowed in terms of prayer clauses (a), (b) and ( c). Place the appeal on board as per the C.M.I.S. date. The paper-book shall be reconstructed within four weeks from today, failing which the earlier order dismissing the appeal, shall stand restored.

(N. M. Jamdar, J.)