Vedprakash M Harkar Thru L.Rs.Alkabai And ORS v. Somnath Udhavrao Wattamwar And ORS

{1} 908 CA 7550 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 7550 OF 2018 IN SA/282/1999 WITH CA/1483/2001 IN SA/282/1999 WITH CA/7551/2018 IN SA/282/1999 WITH CA/7552/2018 IN SA/282/1999 WITH CA/7553/2018 IN SA/282/1999 WITH CA/7554/2018 IN SA/282/1999 VEDPRAKASH M. HARKAR THRU. L.RS.ALKABAI AND ORS

VERSUS

SOMNATH UDHAVRAO WATTAMWAR AND ORS ...

Advocate for Applicants : Shri D.N.Suryawanshi AGP for Respondents - State : Shri S.P.Deshmukh Advocate for Respondent Nos.1 to 3 : Shri Amol Gandhi h/f. Shri D.G.Nagode ...

CORAM : P.R. BORA, J.

Date: June 29, 2018 ...

PER COURT :- This is an application for seeking quashment of the order passed by the learned Registrar (Judicial) of this Court on 21.06.2006, whereby the present Appeal stood dismissed against respondent Nos.1 to 3. Since at the relevant time, the notices could not be served on the said respondents as they were not found on the address when the notices were attempted to be served and since no further steps were taken by the applicants, the order dated 21.06.2006 came to be passed.

{2} 908 CA 7550 of 2018 Learned counsel submitted that the dispute between the said respondents and present applicant has been amicably settled. Learned counsel Shri Gandhi holding for learned counsel Shri Nagode for the respondent Nos.1 to 3, on instructions, submits that respondent Nos.1 to 3 have entered into compromise with the applicants and he has no objection for allowing the present application.

In view of above, the following order is passed:-

ORDER

The order passed by learned Registrar (Judicial) on 21.06.2006 stands set aside.

The delay caused in filing application for restoration is condoned.

Civil application is disposed of.

The Second Appeal stands restored against respondent Nos.1 to 3.

List the matter for further consideration on 09.07.2018.

( P.R. BORA, J. ) SPT