Bansi Lakadu Pawar, Died Thr. L.Rs. Bharat Bansi Pawar And ORS v. Shetkari Sahakari Sangh Akkalkuwa, Thr President

CA 9671/19 in SA 556/11 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO.9671 OF 2019 IN SA/556/2011 BANSI LAKADU PAWAR, DIED, THROUGH L.RS. BHARAT BANSI PAWAR AND OTHERS

VERSUS

SHETKARI SAHAKARI SANGH, AKKALKUWA, THROUGH PRESIDENT ...

Advocate for Applicants : Shri D.A. Mane h/f Shri Patil Milind CORAM: V.L. ACHLIYA, J.

DATE: 18.10.2019 PER COURT :

1] The application is fled seeking restoration of appeal by setting aside order of dismissal dated 8.9.2017 passed by this Court for the reasons set out in detail in the application. 2] In brief, it is the contention of learned counsel for the applicants that while admitting the appeal, direction was given to submit the paper book within six months.

3] The respondent though served is absent. Shri V.P. Raje Advocate who appeared in the matter withdrew his appearance on account of taking back papers by the respondent from him. 4] Considering the cause assigned for recall of the order, I am of the view that the application deserves to be allowed. In case appeal is not restored, there is every likelihood that serious

CA 9671/19 in SA 556/11 - 2 - prejudice may be caused to the appellants. On the contrary, if appeal is restored, the matter will be decided on merits. I am, therefore, inclined to allow the application in terms of prayer clauses (A) and (B).

5] After restoration of appeal, fresh notice of appeal be issued to respondent returnable on 2.12.2019.

6] Paper book in terms of earlier order be submitted before 2.12.2019.

7] S.O. to 2.12.2019.

(V.L. ACHLIYA, J.) ndk/c1810192.doc