Smt Sayali Sachin Savant And ANR. v. Shri Vishnu Anand Patil And ORS.

4279.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.4279 OF 2013 IN FIRST APPEAL NO.1194 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nagesh Chavan for the Applicant.

Mr. Amit Thorat i/b. J. J. Bardeskar for Respondent Nos.4 and 5.

CORAM : K. K. TATED, J.

DATE : JANUARY 9, 2015 P.C.:

1.

Heard. This application is preferred by original claimant for restoration of the present appeal which was dismissed in view of conditional order dated 06/09/2012 for non filing of paper book.

2.

The learned counsel for the Applicant submits that the paper book is ready. He undertakes to file the same within two weeks from today. Undertaking is accepted.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied Basavraj G Patil 1/2

4279.13-caf that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) The present first appeal is restored to file for hearing and final disposal on its own merits.

b) Time to comply with order dated 06/09/2012 passed in the first appeal is extended by two weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

c) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2