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Bombay High CourtCAO/668/2024ca disposed off

Smt. Malatai Wd/O Ghanshyam Pramod Kale And Others v. Pathan Mahamadhanif Inayatkhan And Others

2025-02-06Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

1 / 2 42.cao668.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 668 OF 2024 IN MISC. CIVIL APPLICATION (ST) NO. 1145 OF 2024 IN FIRST APPEAL NO. 1033 OF 2019 Smt. Malatai wd/o Ghanshyam @ Pramod Kale and Ors. Vs.

Pathan Mahamadhanif Inayatkhan and Ors.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Pratik M. Jain, Advocate h/f Mr. M.R. Joharapurkar, Advocate for applicant.

Ms. Alpana Ingolikar, Advocate for respondent No.3. CORAM : ROHIT W. JOSHI, J.

DATE : 06.02.2025.

The learned counsel for the applicant states that the non-applicant No.1-Pathan Mahamadhanif Inayatkhan has expired. He seeks deletion of the name of non-applicant No.1. Permission to delete the name of non-applicant No.1 is granted.

2.

First Appeal No.1033/2019, was dismissed-in-default on account of failure on the part of the appellant to file private paper book within the Prity

2 / 2 42.cao668.2024 period stipulated by this Court vide order dated 07.09.2023. The applicant has filed an application for restoration of the appeal. There is a delay of 18 days in filing restoration application.

3.

For the reasons mentioned in the application, the delay is condoned.

Mis. Civil Application (Stamp)No.1145/2024 For the reasons mentioned in the application, the First Appeal No.1033/2019 be restored to file, subject to condition that private paper book will be filed within a period of two weeks from today.

First Appeal No.1033/2019 On oral motion made by the learned counsel for appellant, permission is granted to delete the name of respondent No.1- Pathan Mahamadhanif Inayatkhan, who is reported to be dead.

(ROHIT W. JOSHI, J.) Prity