Yadav Joma Dhule And ORS v. Govind Ramrao Munde And ANR

12fa3521.16

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 12 FIRST APPEAL NO.3521 OF 2016 WITH CA/11656/2023 IN FA/3521/2016 YADAV JOMA DHULE AND ANR

VERSUS

GOVIND RAMRAO MUNDE AND ANR ...

Advocate for Appellants : Ms. G.N.Chincholkar Advocate for Respondent No. 2 : Mr.Manale Mangal V. and Mr.S.S. Hanekar ...

CORAM : KISHORE C. SANT, J.

DATE : 30.11.2023.

PER COURT :

1.

Heard the learned Advocates for the parties.

2.

Inspite of notice, none appears for respondent No. 2. 3.

An application is filed for restoration of the appeal that was dismissed by this Court by order dated 21.08.2023. The appellants are the old aged persons who lost their son in an accident. The appellants have filed an appeal for enhancement of the amount of compensation. It is stated in an application that due to old aged they could get address of respondent No. 2.

12fa3521.16 4.

Considering above position, this Court finds that an application deserves to be allowed and the same, therefore is allowed. The Civil Application stands allowed and disposed off. An appeal stands restored against respondent No.2. 5.

In the main appeal issue fresh notice to respondent No. 2 on the address given in Civil Application No. 11656 of 2023 and for that purpose the appellants are directed to amend the title clause and to correct the address of respondent No. 2. After the address is corrected, issue fresh notice to respondent No. 2 indicating that if time permits, the matter will be taken for final hearing.

6.

The notice is made returnable on 18.01.2024.

( KISHORE C. SANT ) JUDGE mahajansb/