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Bombay High CourtCA/6523/2015admittedallowedgrantedrule absolute

The Union Of India And ANR. v. Tarabai Maroti Lokhande And Others

2015-06-16Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 6523 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.6523 of 2015 In First Appeal No.38 of 1992 The Union of India and Another.

.. Applicants.

Versus

Tarabai Maroti Lokhande And Others.

.. Respondents.

-------- Shri. D.G. Nagode, Standing Counsel for applicants. Shri. K.G. Gawali & Shri. D.R. Jaybhar, Advocates, for respondent Nos.1 to 6.

-------- CORAM: T.V. NALAWADE, J.

DATE : 16th JUNE 2015 ORDER:

1) The application is filed for condonation of delay of 2845 days caused in filing application for restoration of the appeal. First Appeal No.38 of 1992 is dismissed for default and the present proceeding is filed for restoration of the appeal. The submissions made by learned counsel for the applicants show that most of the amount awarded in favour of the claimants is paid and some amount is yet to be paid.

2 CA 6523 of 2015 2) In view of these circumstances and the contents of the application this Court holds that sufficient cause is shown. The application is allowed. Delay is condoned. The dismissal order is set aside. The appeal is restored to its original number. The appeal is fixed for final hearing on 9th July 2015. This date is fixed as per convenience of both the sides. Learned counsel for the appellants undertakes to prepare and file paper book before the next date and handover copies of the same to the learned counsel for the original claimants. Sd/- (T.V. NALAWADE, J. ) rsl