Ramdas Govind Boinwad v. Vitthal Pandurang Boinwad And Others

4108.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.4108 OF 2018 IN SA/652/2013 RAMDAS GOVIND BOINWAD

VERSUS

VITTHAL PANDURANG BOINWAD AND OTHERS ...

Mr.V.D. Gunale, Advocate for the applicant.

Mr.D.A. Mane, Advocate for respondents.

...

CORAM: V.L. ACHLIYA,J.

DATE : 18.10.2019 ORAL ORDER:

This application is filed for restoration of Second Appeal dismissed on account of non-compliance of order dated 27th November, 2017 i.e. to bring L.Rs. of deceased respondent no.4 on record within time.

2.

Heard learned counsel for the applicant and respondents.

3.

On due consideration of submissions advanced and consequences to follow, I am of the view, the application deserves to be allowed. Otherwise also the appeal could not have been dismissed as besides respondent

4108.18CA.odt no.4 other respondents are on record. Hence, the application is allowed in terms of prayer clauses "B" and "C". The appeal is restored.

Necessary steps to bring L.Rs. of respondent no.4 on record be taken.

4.

The application is disposed of in above terms.

[V.L. ACHLIYA] JUDGE SGA