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Bombay High CourtCAS/1015/2015allowed

Shri. Gopal Krushna Kadam v. Warad Gramastha Sangh-Mumbai (Through Trustee)

2015-09-08Hon'Ble Shri Justice K.K. Tated2 pages

1015.15-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1015/2015 IN SECOND APPEAL NO.409/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. K. Patil for the Applicant CORAM : K. K. TATED, J.

DATE : SEPTEMBER 8, 2015 P.C.:

1.

Heard. Since the matter was dismissed for default before issuing notice to the Respondent, it is not necessary to issue notice to the Respondent. 2.

This Application is preferred by the Defendants for restoration of the Second Appeal which was dismissed for want of prosecution by order dated 12/02/2013.

3.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Basavraj G Patil 1/2

1015.15-cas 4.

Hence, the following order:

a) Order dated 12/02/2013 passed by this court is recalled.

b) Second Appeal is restored to file for final hearing on merits.

c) Civil application stands disposed off accordingly.

JUDGE CERTIFICATE Certified to be true and correct copy of the original signed order.

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