Mukhtyar Ahamad S/O Mohammad Hanif And 2 ORS v. Smt. Rahematbi Wd/O Mohammad Hanif (Dead) Through K. M. Hanif (Deleted) Nizbunnisa D/O Mohammad Ha

23.03.cao.215.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CA0) NO.215/2015 IN MISC.CIVIL APPLICATION (ST) NO. 39/2015 IN SECOND APPEAL NO. 480/2009 (Shri Mukhtyar Ahmed s/o Mohamad Hanif and others vs.Smt. Rahematbi wd/o Mohammad Hanif (Dead) Tyhrough LRs and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. S.C. Sangamnekar, Advocate for appellants /applicants CORAM: A.B.CHAUDHARI, J.

DATED : 23rd March, 2016.

CA.(O) NO. 215 /2015 Heard.

For the reasons stated in paragraph Nos. 4 to 6 of the Application, the delay of 304 days in filing the Misc. Civil Application is condoned. Civil Application is allowed.

MCA (ST ) No. 39/2015 This is an Application for restoration of Second Appeal that was dismissed for non-compliance of the order dated 5.2.2014. The order stated that the paperbook was not filed within time nor the cost was paid. Mr Sangamnerkar, learned counsel states that in fact the paperbook is ready and costs would also be paid.

In my opinion, the Appeal which was admitted, cannot be buried for not filing the paperbook. In that

23.03.cao.215.15 view of the matter, MCA is allowed. Second Appeal is restored to its original position. Paperbook be filed so also the costs of Rs. 500/- shall be paid,within four weeks.

Mr. Sangamnerkar, learned Advocate to inform this order to the respondents in writing.

JUDGE sahare