Smt. Vijaymala Krishnaji Jadhav v. Shri. Sarjerao Ramchandra Bhopale And ORS.

osk 909-caf3883-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION CIVIL APPLICATION NO.3883 OF 2015 IN FIRST APPEAL NO.1661 OF 2010 Smt.Vijaymala Krishnaji Jadhav ...

Applicant/Appellant Vs.

Shri Sarjerao Ramchandra Bhopale & Ors....

Respondents Mr.S.R.Ganbavale i/b Mr.Sangramsingh Yadav for the Applicant.

None for the Respondents.

CORAM : MRS.MRIDULA BHATKAR, J.

DATE : NOVEMBER 20, 2015.

P.C.

.

The application is moved for restoration of appeal. 2.

Leave to amend. Amendment to be carried out forthwith. 3.

The learned Counsel for the Applicant submitted that this appeal is filed for enhancement of the amount of compensation. The appeal was admitted on 9th September, 2010 and while admitting the appeal, conditional order was passed i.e. within one year the paper book was to be filed. However, inadvertently the paper book was not filed and the learned Counsel lost the track of the matter and the appeal was dismissed one year thereafter i.e. on 9th September, 2011 without reference to the Court. The Counsel was not aware of the order and hence there is a delay of 4 years, 1 month and 22 days in filing this application. He submitted that notices were issued to the Respondents 1/2

osk 909-caf3883-2015.odt and hence it be restored. He is ready to comply with the order and file the paper book.

4.

In view of the submissions, as the appeal is already admitted, the notices were issued and the appeal is for enhancement the inordinate delay is condoned and the Appeal restored to its original position.

5.

Civil Application is disposed of.

6.

The paper-book shall be filed within 4 weeks from today and if the same is not filed within 4 weeks, then it shall stand dismissed without reference to the Court.

(MRS.MRIDULA BHATKAR, J.) 2/2