Chandrakala Baburao Birajdar And Another v. Sanjay Baburao Birajdar And Others

(1) P/1 - CA 8424.2019 in SA 79.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD P/1 CIVIL APPLICATION NO.8424 OF 2019 IN SA/79/2019 CHANDRAKALA BABURAO BIRAJDAR & ANR.

VERSUS

SANJAY BABURAO BIRAJDAR AND ORS.

......

Mr. V.P.Narwade h/f Manjushri Shendage-Narwade, Advocate for Applicants.

Mr. M.V.Ghatge h/f Mr. R.P.Adgaonkar, Advocate for R - 1.

......

CORAM : V.L.ACHLIYA, J.

DATE : 19/07/2019 ......

ORAL ORDER :

1.

The application is filed for setting aside the order dated 04/07/2019 and restoration of appeal for the reasons set out in detail in the application. 2.

Heard learned counsel for applicants and respondents.

3.

Considering the overall facts of the case, I am inclined to allow the application. The applicant is represented by Advocate engaged to represent her under legal aid. For the default of her Advocate appointed under legal aid, the applicant should not suffer. The applicant is a old aged woman. The order of dismissal of appeal may result serious consequences to applicant. I am, therefore, inclined to allow the application.

(2) P/1 - CA 8424.2019 in SA 79.2019 Accordingly the application is allowed. Order of dismissal of appeal is recalled. The appeal is restored to file. 4.

List the appeal for admission on 06/08/2019.

5.

The application stands disposed of in above terms. [V.L.ACHLIYA] JUDGE KNP.