Arvind Sitaram Iyer - C.A. Of Harindra Sitaram Iyer. v. Udyavara Raghvendra Acharya.

- 2 - (NMA 2803 of 2011) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 2803 OF 2011 IN APPEAL No. 26 OF 2011 IN NOTICE OF MOTION No.77 OF 2009 IN TESTAMENTARY SUIT No. 74 OF 2007 IN TESTAMENTARY PETITION No. 871 OF 2007 Arvind Sitaram Iyer ...Appellant (Org. Plaintiff) Vs.

U. Raghvendra Acharya & Ors.

...Respondents

(Respondent Nos.1 and 2 Org. Defendants Nos.1 and 2 and Respondent No.3 Org. Respondent in N/M.) *********** Ms. Deepti B. Mistry i/b. Vaibhav Mehta & Associates for Appellant Mr.R.M. Nakhwa i/b. Mr. Vasant Dhawan for Respondents *********** CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

DATE : JUNE 8, 2015 P.C. :

1.

Heard the learned counsel appearing on behalf of the Appellant and the learned counsel appearing on behalf of the Respondents. 2.

For the reasons stated in the affidavit in support of the Notice of Motion, the delay of 39 days caused in taking out the Notice of 2/4

- 4 - (NMA 2803 of 2011) Motion for restoration of the appeal is condoned, despite vehement opposition by the learned counsel appearing on behalf of the Respondents. Notice of Motion is allowed and Appeal No. 26 of 2011 is restored to the file.

3.

Appeal to be placed on the Admission Board on 6th July, 2015. [B.P COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam 4/4