Sahebrao Venkatrao Bhosale v. Anantrao Venkatrao Bhosale

{1} ca10955-12 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10955 OF 2012 IN SECOND APPEAL NO.743 OF 2011 Sahebrao Venkatrao Bhosale APPLICANT

VERSUS

Anantrao Venkatrao Bhosale RESPONDENT .......

Mr. M. B. Kolpe, Advocate for the applicant Mr. B. R. Survase, Advocate for the respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 12 th FEBRUARY, 2016 ORDER :

1.

Heard learned advocates for the parties.

2.

Learned advocate for the applicant submits that since the advocate engaged by the applicant had abandoned practice at Aurangabad, the matter went unattended and the order of dismissal came to be passed.

3.

Learned advocate for the respondents submits that no material in this respect has been placed on record by the applicant.

4.

It appears to be a case not in control of the applicant. The

{2} ca10955-12 reason for delay appears to be reasonably explained. 5.

In the circumstances, the delay of 201 days caused in filing civil application for restoration is condoned. The order dated 20th January, 2012 is recalled and the second appeal is restored to its position.

[SUNIL P. DESHMUKH, J.] drp/ca10955-12