Sadashiv Yaswant Jadhav v. Rangrao Laxman Nale

905 caf2326-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2326 OF 2013 IN FIRST APPEAL NO.705 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Nitin P. Dalvi i/b Mr.Abhaysingh A. Shinde for the applicant Mr.Rahul Walvekar for the respondent

CORAM

: K.K.TATED, J.

DATED : 07/08/2015 PC:

Not on board. By consent of both the parties, , matter is taken on board for hearing.

This application is for restoration of First Appeal No.705 of 2010 which was dismissed on 15.10.2013 for non-compliance of order dated 20.10.2010 passed by this court (Coram:

A.P.Bhangale, J.) for non-filing of private paper book within stipulated time.

The learned counsel for the applicant undertakes to file private paper book within four weeks from today.

Statement is accepted.

Considering the submissions made by the Mohite 1/2

905 caf2326-13.doc learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

a) First Appeal No.705 of 2010 is restored on file.

b) To comply the order dated 20.10.2013, time is extended till 10.9.2015 i.e. filing of private paper book failing which Civil Application shall stand dismissed without referring back to the court. c) Applicant to pay cost of Rs.15000 to the respondent or their advocate within four weeks from today, failing Civil Application shall stand dismissed without referring back to the court. d) Civil application stands disposed off accordingly.

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