Hari (Harya)Sambhayya Adav Lrs Kondiba And Others v. Khirba (Khirayya) Manya Adav Lrs Govind And Another

907 ca.11731.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO. 11731 OF 2013 IN SA/29/1995 HARI (HARYA)SAMBHYA ADAV (DIED) LRS KONDIBA HARI ADHAV AND OTHERS

VERSUS

KHIRBA (KHIRYA) MANYA ADHAV (DIED) LRS GOVIND KHIRBA ADHAV AND ANOTHER ...

Advocate for Applicants : Mr. Anil S. Golegaonkar. Advocate for Respondent Nos.1(a) & 1(b) : Mr. A. G. Mukhedkar. ...

CORAM :

V. L. ACHLIYA, J.

DATE :

19th April, 2018.

P.C.:

.

The Applicants - original Appellants have taken out this application to set aside the order of dismissal dated 1st February, 2008 i.e. failure to supply the paper-book.

On due consideration of submissions advanced and further taken into consideration that the parties have settled the matter and filed application to dispose of the appeal, I am inclined to allow the application.

The application is allowed in terms of prayer clauses (B) and (C). Delay is condoned. The impugned order is set aside. The appeal be restored to its original number.

[ V. L. ACHLIYA, J. ] ndm