Sandip Dattatraya Wakale And Another v. Kantabai Eknath Wagh And Other

CA in SA - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.12529 OF 2019 IN SA/235/2019 SANDIP DATTATRAYA WAKALE AND ANOTHER

VERSUS

KANTABAI EKNATH WAGH AND OTHER ...

Advocate for Applicants : Shri Wakale Shriraj R Advocate for Respondent nos.1 & 2 : Shri M.R. Sonawane CORAM: V.L. ACHLIYA, J.

DATE: 18.10.2019 PER COURT :

1] This application is taken out seeking restoration of appeal with condonation of delay of 12 days in fling appeal for the reasons set out in detail in the application.

2] Heard learned counsel for the applicants and respondent nos.1 & 2.

3] On due consideration of the submissions advanced in the light of facts stated in the application, the cause assigned for restoration of appeal and the appeal is yet to be admitted, I am of the view that the application deserves to be allowed. The mistake appears to be bona-fde which remained to be corrected.

4] Accordingly, the application is allowed in terms of prayer clause (B). Appeal is restored. Ofce objections be removed within two weeks from the date of this order. After removal of ofce objections, place the appeal for direction on 2.12.2019. 5] S.O. to 2.12.2019.

(V.L. ACHLIYA, J.) ndk/c1810195.doc