Bombay High CourtCAO/408/2019admittedallwdgrantedrule absolute

Smt. Renubai @ Rayajabai Wd/O Shankar Mutkure And Others v. Namdeo S/O Mulchand Lilhare

2019-03-01Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 ca408.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAO] NO.408/2019 IN M.C.A. ST. NO.1295/2019 IN SECOND APPEAL NO.199/2013 [Smt. Renubai @ Rayajabai wd/o Shankar Mutkure and others .vs. Namdeo s/o Mulchand Lilhare and others] ....................................................................................................................................................... ...

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... ....

Shri O.K. Masurke, Advocate for applicants.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : MARCH 01, 2019.

This is an application filed by the applicants for condonation of delay in filing the application for restoration of Second Appeal No.199/2013 which was dismissed for want of prosecution. Heard. Perused the application. For the reasons mentioned in the application, the delay is hereby condoned, subject to the payment of costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur within two weeks. Civil Application stands disposed of.

M.C.A ST. NO.1295/2019 This is an application filed by the applicants for restoration of Second Appeal No.199/2013 which was dismissed on 4.1.2017 for want of prosecution.

Heard. Perused the application. It is submitted that the applicants have moved the application for restoration of the second appeal which was dismissed on 4.1.2017 along with the application for condonation of delay. However, as the office objection was not removed within a stipulated period, the application came to be

2 ca408.19.odt rejected on 1.3.2018. Learned counsel for the applicants undertakes to remove the office objections within a period of two weeks from today. In view thereof, the application is allowed. The order dated 4.1.2017 is hereby set aside and Second Appeal No.199/2013 is restored to the file. M.C.A. stands disposed of. JUDGE Gulande