Parvati Bhikoba Yadav And ANR. v. Kamlabai Vitthal Khomane (Decd. Thro. His L. H. R. ) Mohan Vitthal Khomane And ORS.

1251.14-cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1251/2014 IN SECOND APPEAL (ST) NO.13098/2008 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Ratnesh Dube h/f. Rutuja Ambekar for the Applicant CORAM : K. K. TATED, J.

DATE : AUGUST 20, 2015 P.C.:

1.

Heard. Office note shows that the Civil Application stood dismissed against Respondent Nos.1E Sou. Vijaya C. Atole and Respondent No.2 Gulab Tukaram Shelar.

2.

Office is directed to make appropriate noting in the Second Appeal.

3.

This Application is for restoration of the Civil Application No.623/2011 with Second Appeal (ST) No.13098/2008 which was dismissed for default vide order dated 22/06/2012.

Basavraj G Patil 1/2

1251.14-cas 4.

Considering the submissions made by the 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.

5.

Hence, the following order:

a) Order dated 22/06/2012 is recalled.

b) Civil Application No.623/2011 with Second Appeal (ST) No.13098/2008 is restored to file for hearing on merits.

c) Office is directed to make appropriate noting in the cause title of the Second Appeal that same stood dismissed against Respondent Nos.1E Sou. Vijaya C. Atole and Respondent No.2 Gulab Tukaram Shelar.

d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2