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Bombay High CourtCA/699/2016disposed offdismissed for default

Dnyandeo Kisan Garje And Others. v. Gangadhar Dashrath Borude And ANR

2018-11-28Hon'Ble Shri Justice Sunil K. Kotwal2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 699 OF 2016 IN FA/267/2000 DNYANDEO KISAN GARJE (DIED) BHAUSAHEB D GARJE AND ORS

VERSUS

GANGADHAR DASARATH BORUDE AND ANR ...

Advocate for Applicants : Mr.Khedkar Amol P.

...

CORAM : SUNIL K.KOTWAL, J.

DATE : NOVEMBER 28, 2018 O R D E R :

This application is filed for restoration of the First Appeal No. 267 of 2000 which was dismissed on 23/2/2015.

2.

Applicants have assigned the reason that Dnyandeo Garje the original appellant No. 1 died during the pendency of the appeal and necessary instructions could not be given to the concerned Advocate who was also ill.

3.

Respondent No. 2 the Insurance Company has not taken objection for restoration of the appeal.

ca699.16 4.

Considering the reasons assigned by the applicants, the delay in filing the restoration application is condoned.

5.

First Appeal No. 267 of 2000 is restored to its original position.

6.

Civil Application is disposed of.

[SUNIL K.KOTWAL, J.] mahajansb/