Shri Tarchand S/O Bajirao Ramteke And 3 Others v. Pradeep S/O Natthuji Chinchkede (Dismised) And 3 Others

1 26-CAO No.74.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 74 OF 2022 IN MISC. CIVIL APPLICATION (ST.) NO. 326 OF 2022 Shri Tarachand Bajirao Ramteke and others ..VS..

Pradeep S/o Nathuji Chinchkede and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mrs. U.A. Bhattad, Advocate for applicants.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : APRIL 13, 2023 Heard.

2.

Present application is for condonation of delay which is caused in filing the restoration application. The appeal was dismissed due to the non-filing of the paper book.

3.

As per the contention of the learned Advocate that the conditional order passed by this Court is not inadvertently noticed by the applicants therefore it could not be complied. Now the paper book is ready and will file the same.

4.

In view of the reasons mentioned in the application, delay of 838 days is condoned. The applicants/appellants would not be entitled to receive

2 26-CAO No.74.2022 interest if succeeds in the Appeal for the said delayed period.

5.

The Civil Application 74 of 2022 is disposed of. MISC. CIVIL APPLICATION (ST.) NO. 326 OF 2022 On filing of the paper book within four weeks, the Appeal be restored at its original stage. On failure to file the paper book, the earlier order passed by this Court is survived.

The Misc. Civil Application is disposed of.

(URMILA JOSHI-PHALKE, J.) Kirtak BHIMRAO JANARDHAN 18:57