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Bombay High CourtCA/2206/2024admittedallowedgrantedrule absolute

Vasantrao Murlidhar Magar v. Dattu Nivrutti Pingale

2024-02-23Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:3827 1 906 ca 2206-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 2206 OF 2024 IN SA/964/2022 VASANTRAO MURLIDHAR MAGAR

VERSUS

DATTU NIVRUTTI PINGALE ...

Mr. Nangare Prashant R., Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 23/02/2024.

P. C. :

1.

Heard learned counsel for the applicant.

2.

The applicant / appellant is seeking restoration of Second Appel No.964 of 2022 alongwith CA No. 17428 of 2022, which was dismissed for default on 18/10/2023. Applicant is also seeking condonation of delay of 66 days.

3.

The order dated 18/10/2023 indicates that twice the matter was fixed for admission but the learned counsel for the appellant did not appear. The learned counsel for the appellant now submits that he would prosecute the appeal diligently henceforth. In view of the same, the application stands allowed in terms of prayer clasue A-1 and B subject to cost of Rs.1,000/- to be paid to the Bar

2 906 ca 2206-24 Library, High Court, Aurangabad, within two weeks. On deposit of such costs the aforesaid second appeal alongwith the civil application therein be restored to its original stage. 4.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-