Bhagwanrao Malharrao Shewale v. Shaikh Ismail Samsherkhan Pathan

C.A.No.6967/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.6967 OF 2015 IN REJECTED CASE NO.2080 OF 2014 IN CIVIL APPLICATION ST.NO.18042 OF 2014 IN SECOND APPEAL NO.110 OF 1997 Bhagwanrao Malharrao Shewale ..Applicant

Versus

Shaikh Ismail Samsherkhan Pathan ..Respondent Mr D.B. Pokale, Advocate h/f Mr S.S. Choudhari, Advocate for applicant Mr A.R. Khan, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 13th July 2015 PER COURT 1.

This is an application for setting aside the order dated 19th November 2014 passed by learned Registrar (Judicial) refusing registration of the Civil Application St.No.18042 of 2014 which was moved for restoration of the Second Appeal.

2.

Learned Counsel for the applicant seeks time to take instructions in the matter. The request is rejected, as the appearance is already there.

3.

For the reasons stated in the application and in the interest of justice, Civil Application stands allowed in terms of prayer clause (B) subject to payment of costs of Rs.1,000/-, to be paid to the respondent herein.

C.A.No.6967/2015 4.

The above referred order is passed in view of undertaking that the applicant shall file vakalatnama within a period of two weeks. If the vakalatnama is not filed within stipulated period, matter shall stand dismissed without further reference to the Court. ( N.W. SAMBRE, J.) vvr