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Bombay High CourtCA/11390/2013admittedallowedgrantedrule absolute

Parwatibai Yadav Sasane And Others v. Raghunath Eknath Hiwale And Others

2015-11-18Hon'Ble Shri Justice T.V. Nalawade2 pages

CA 11390/13 in FA 467/95 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11390/2013 IN FIRST APPEAL NO.467/1995 Parwatibai Yadav Sasane & others.

...Applicants..

Versus

Raghunath Eknath Hiwale & others.

...Respondents...

.....

Shri V.S. Bedre, Advocate for applicants.

Shri V.D. Hon, Advocate for respondent no.1.

Shri V.U. Upadhye, Advocate for respondent no.3. Shri S.T. Shelke, Advocate for respondent no.4. Shri V.H. Dighe, AGP for the State.

.....

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.

4] In view of contents of the application, submissions made by the learned counsel for the parties and as the

CA 11390/13 in FA 467/95 - 2 - learned counsel for the applicant is taking blame to 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/c18111519.doc