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Bombay High CourtCA/10382/2018admittedallowedgrantedrule absolute

Dipak Bhika Patil And Others v. Subhash Parsharam Patil And Another

2018-10-26Hon'Ble Shri Justice Arun M. Dhavale2 pages

C.A. No.10382/2018 -: 1 :-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.10382 OF 2018 IN REJECTED CASE NO.536 OF 2018 (SECOND APPEAL ST. NO.35353 OF 2017) Dipak s/o Bhika Patil & ors.

...APPLICANT

VERSUS

Subhash s/o Parsharam Patil & anr.

...RESPONDENTS .....

Shri B.K. Patil, Advocate for applicants Shri R.B. Tekam, Advocate for respondent No.1 .....

CORAM:

A.M. DHAVALE, J.

DATED :

26th October, 2018.

ORAL ORDER :

1.

Learned Advocate for the applicants submits that due to method of "Cut-Copy-Paste" on Computer, the name of appellant "Sindhubai Subhash Patil" was wrongly shown as "Walmik s/o Jagannath Jadhav" in Second Appeal Stamp No.35353/2017, dated 2.11.2017. As the named appellant was not party in the First Appeal, the appeal was dismissed on 4.4.2018. This is Civil Application for restoration of the Second Appeal.

C.A. No.10382/2018 -: 2 :- 2.

Learned Advocate for the appellants assures that such mistake will not be repeated and for ensuring the same, he is paying Rs.1000/- (Rupees one thousand) to a charitable trust "Bhartiya Samaj Seva Kendra". In view of such statement, the Second Appeal is restored on condition that the office objections should be removed within one week from today. Civil Application stands disposed of.

( A.M. DHAVALE ) JUDGE fmp/