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Bombay High CourtCA/14884/2023admittedallowedgrantedrule absolute

Shashikalabai W/O Narsingrao Dandage v. Santukrao S/O Narsingrao Bhokare And ORS

2024-01-04Hon'Ble Shri Justice R. M. Joshi1 pages

- 1 - ca14884.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 14884 OF 2023 IN SA/432/2023 Shashikalabai W/o Narsingrao Dandage ....Applicant

VERSUS

Santukrao S/o Narsingrao Bhokare And Ors .....Respondents .....

Mr. V. Y. Patil, Advocate for Applicant CORAM : R. M. JOSHI, J.

DATE : 4th JANUARY, 2024.

PER COURT :

1.

Learned counsel for applicant states that notice is yet to be issued to the other side in this appeal. Thus, according to him, without hearing other side, present application can be heard. It is his contention that for absence of learned counsel for the appellant, the matter was dismissed in default.

2.

Having regard to the facts of the case, this Court does not find any intentional act on the part of the appellant for non-appearance before the Court. In the interest of justice, application deserves to be allowed. Application is allowed in terms of prayer clause 'B'. appeal be restored to its original stage.

( R. M. JOSHI) Judge dyb