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Bombay High CourtCA/5377/2018admittedallowedgrantedrule absolute

Prakashchandra Siddhanath Prasad Chourasiya v. Raichand Bhauji Shah Died Lrs Lilawati And Others

2019-02-12Hon'Ble Smt. Justice Vibha Kankanwadi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.5377 OF 2018 IN CA/11114/2008 PRAKASHCHANDRA SIDDHANATH PRASAD CHOURASIYA

VERSUS

RAICHAND BHAUJI SHAH DIED LRS LILAWATI AND OTHERS ...

Mr. S.K. Adkine, Advocate for the applicant ...

CORAM :

SMT. VIBHA KANKANWADI,J.

DATE :

12th FEBRUARY, 2019 PER COURT :

Present application has been filed for the condonation of delay for filing Civil Application for restoration of the Review Application. The respondent Nos.1A to 1C have been served, however, they have remained absent. It is stated that original respondent No.1 had expired leaving behind respondent Nos.1A to 1C. Civil Application was filed for condoning the delay and bringing the legal representatives on record. The said application was allowed on 29.07.2016. It appears that Review Application was placed for admission on 25.08.2016, but thereafter it was adjourned thrice. Last chance was given on 03.03.2017, but on that day the learned Advocate for the applicant did not remain present. Under such

Civil_Appln_5377_2018 circumstance, it came to be dismissed in default on 24.03.2017. Since now respondents are not contesting the application, the delay is hereby condoned. Put the application for restoration of Review Application after verifying and numbering it for consideration on 14.03.2019. ( Smt. Vibha Kankanwadi, J. ) agd