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Bombay High CourtCA/13834/2024admittedallowedgrantedrule absolute

Dharma Motiram Chavan v. Adhar Motiram Chavan Died Lrs.Sindhubai Adhar Chavan And ORS.

2025-03-11Hon'Ble Shri Justice Rohit W. Joshi2 pages

2025:BHC-AUG:7217 919-ca-13834-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13834 OF 2024 IN RAST/28683/2022 Dharma Motiram Chavan

VERSUS

Adhar Motiram Chavan Died Lrs.sindhubai Adhar Chavan And Ors.

...

Mr. Y. S. Pareek, Advocate for Applicant .....

CORAM : ROHIT W. JOSHI, J.

DATED : 11TH MARCH, 2025 PER COURT :- .

Civil Application No.16186 of 2022 and Review Application Stamp No.28683 of 2022 were listed for hearing before this Court on 25.10.2024. However, since the learned Advocate for the appellant did not appear, the application for condonation of delay i.e. Civil Application No.16186 of 2022 and the Application for Review i.e. Review Application Stamp No.28683 of 2022 came to be dismissed for want of prosecution.

3.

The present application is filed seeking restoration of the said Civil Application alongwith Review Application. The party was not expected to appear in person on the dates of

919-ca-13834-2024 hearing.

4.

Without going into the reasons for non appearance, I am inclined to allow the application in the interest of justice on the principle that a client should not suffer for non appearance of his Advocate before the Court.

5.

Civil Application is allowed. Civil Application No.16186 of 2022 and Review Application Stamp No.28683 of 2022 are restored.

( ROHIT W. JOSHI, J ) Rushikesh/2025