Mohammad Ishaque Shaikh Bismillah Khatik v. Saeedabai Mohammed Taher Khatik

8571.2014 CA

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8571 OF 2014 IN SECOND APPEAL NO. 196 OF 2007 Mohammad Ishaque Shaikh ...

Applicant

Versus

Saeedabi Mohammad Taher Khatik ... Respondent .....

Mr. V.B. Patil, Advocate for Applicant Mr. P.P. Dhorde, Advocate for resondent .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 13th APRIL, 2015 PER COURT :

1.

Shri P.P. Dhorde, learned Advocate has appeared on behalf of the sole respondent. Affidavit in reply has been filed for opposing the application.

2.

The Second Appeal No. 196 of 2007 was admitted by order dated 19-06-2008 and substantial question of law was framed. By order dated 03-07-2014, Second Appeal was dismissed in default. This Civil Application has been filed in time, seeking restoration of the Second Appeal.

3.

Considering the reasons set out in the application and the objection of the respondent, this Civil Application is allowed. The Second Appeal No. 196 of 2007 is restored.

( RAVINDRA V. GHUGE, J. ) SDM*APRIL-2015