Namdeo Sanduji Bhivsane v. Shahdeo Madhav Shendge

4775.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 CIVIL APPLICATION NO.4775 OF 2020 IN SECOND APPEAL NO.287 OF 2011 NAMDEO SANDUJI BHIVSANE

VERSUS

SHAHDEO MADHAV SHENDGE ...

Advocate for the applicant : Mr.G.V.Wani Advocate for the respondent : Mr.S.G.Shinde ...

CORAM :ARUN R. PEDNEKER, J.

DATE :16.06.2023 P.C. :

1] The present Civil Application is filed to recall the order dated 24th August, 2018 to the extent of dismissing the Second Appeal on account of non-submission of paper book, by condoning the delay of 207 days in filing the present Civil Application.

2] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. The order dated 24th August, 2018 is recalled on the condition that the applicant - appellant shall submit appeal paper book within a period of four [4] weeks from today.

4775.23CA 3] In the event, the applicant - appellant fails to submit appeal paper book within aforesaid period, the order dated 24th August, 2018 will stand restored.

4] Accordingly, Civil Application is disposed of. [ARUN R. PEDNEKER] JUDGE DDC