Chandraprabha S. Salgaonkar (Since Deceased) Through Shri Ulhas Yashwant Bandekar v. Smt. Sharda Chhotelal Patel

20502-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.

20502 OF 20 IN CIVIL REVISION APPLICATION NO.

OF 20 Chandraprabha S. Salgaonkar (since deceased) through Ulhas Yashwant Bandekar ...Applicant.

Versus

Smt. Sharda Chhotelal Patel

...Respondent.

------ Mr. Parth Modak i/b Ms.Preeti Walime for applicant ----- Coram : Sharmila U. Deshmukh, J.

Date : October 27, 2023.

P. C. :

1.

Interim application has been preferred seeking condonation of delay of 283 days caused in filing the interim application for restoration of Civil Revision Application No.468 of 2007, which was dismissed for non prosecution vide order dated 8th January 2018. 2.

By order dated 24th March 2023, this Court permitted the applicant to serve the respondents by paper publication. AfÏdavit of service dated 8th June 2023 is placed on record evidencing the substituted service by paper publication.

3.

Despite service, none appears for the respondents. 4.

The reason given in the application for condonation of delay Patil-SR 1 of

20502-22.doc and for restoration of revision is that revision was filed in the maiden name of advocate on record and after marriage her name came to be changed and, as such, revision was lost sight of and none appeared for the applicant when the revision was called out. As regards the delay, it is submitted that when the same came to the notice of advocate, the Covid-19 pandemic had struck and there was no contact with the applicant.

5.

As the delay has occasioned on account of circumstances which are mentioned in the application, sufÏcient cause has been made out for condonation of delay and restoration of revision application.

6.

In view of the above, interim application is allowed in terms of prayer clauses (a) and (b).

[Sharmila U. Deshmukh, J.] Patil-SR 2 of