Nujhatbegum Syed Wajir Ali And ORS v. The State Of Maharashtra And ORS

ca3808.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3808 OF 2016 IN FA/953/2004 NUJHATBEGUM SYED WAJIR ALI AND ORS

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicants : Mr. M.D. Narwadkar AGP for Respondent No.1: Mr. A.M. Phule .....

CORAM : V. K. JADHAV, J.

DATED : 6th JANUARY, 2017 PER COURT:- 1.

Learned counsel for the applicants original claimants submits that the first appeal was admitted. However, at the time of admission of the first appeal, the appellants were directed to file private paper book within 8 weeks. The first appeal thereafter came to be dismissed for want of compliance of order dated 14.1.2005. Learned counsel submits that since the matter was admitted, it was not attended by the applicants as well as their counsel and therefore, delay has been occurred for filing application for restoration of appeal.

2.

Learned A.G.P. has strongly resisted the application. 3.

In view of aforesaid submissions, for the reasons stated in the

ca3808.16 -2application and since the matter was admitted prior to its dismissal, I am inclined to allow this civil application with certain conditions. 4.

In the result, civil application is allowed in terms of prayer clauses 1, 2 and 3 with direction that the applicants shall submit private paper book within three weeks from today. Civil application is accordingly disposed of.

( V. K. JADHAV, J.) rlj/