Dattatrya Genba Darekar And Others v. The State Of Maharashtra And Another

CA 11389/13 in FA 165/97 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11389/2013 IN FIRST APPEAL NO.165/1997 Dattatraya Genba Darekar & others.

...Applicants..

Versus

The State of Maharashtra & another.

...Respondents...

.....

Shri S.D. Munde, Advocate h/f Shri R.R. Karpe, Advocate for applicants.

Shri R.B. Bagul, AGP for respondent no.1.

Shri V.P. Latange, Advocate for respondent no.2. .....

CORAM: T.V. NALAWADE, J.

DATE: 18.11.2015 ORDER :

1] Learned counsel for respondents waive service of notice on behalf of respective respondents.

2] Heard both the sides.

3] the application is filed for setting aside the order of dismissal of appeal for default passed by this Court. 4] In view of contents of the application, submissions made by the learned counsel for the parties and as the learned counsel for the applicants is taking blame to

CA 11389/13 in FA 165/97 - 2 - himself, the application is allowed. The order of dismissal of appeal for default is hereby set aside. The matter is restored to its original number. List the appeal for final hearing on 17.12.2015.

(T.V. NALAWADE, J.) ndk/c18111520.doc