Smt. Amravatidevi Mithailal Sharma v. Mr. Vilas Digambar Mungekar And ORS

DSS 42-caf-3773-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3773 OF 2016 IN FIRST APPEAL (ST) NO. 10700 OF 2012 Smt. Amravatidevi M. Sharma Vs.

Vilas D. Mungekar and ors.

--------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. Ditendra Mishra for the Applicant.

CORAM :

M. S. SONAK, J.

DATE : 10 JANUARY 2017.

P.C. :- 1] The appeal had been dismissed earlier. The appeal was however restored by the order dated 6 September 2013 on the condition that the applicant clears the office objections within a period of four weeks. The office objections were not cleared within the period prescribed and therefore, the order of dismissal of the appeal attained finality. After considerable delay, this application has been taken out once again for restoration.

2] Learned counsel for the applicant submitted that the property, which is the subject matter of the appeal is worth crores of rupees. However, when it came to the question of the costs, learned counsel for the applicant 1/2

DSS 42-caf-3773-16.doc submits that only costs of Rs.5000/- may be imposed. 3] There is really no case made out for seeking restoration. There was absolutely no justification for not clearing the objections within the prescribed period particularly since the matter had been dismissed for nonprosecution on the earlier occasion. Accordingly, this civil application is dismissed. There shall be no order as to costs. (M. S. SONAK, J.) 2/2