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Bombay High CourtMCA/155/2020admittedallwdgrantedrule absolute

Azrullah Inamdar S/O Shamiulla Inamdar v. Mst. Asefa Anjum W/O Azrullah And Another

2020-02-25Hon'Ble Shri Justice V.M. Deshpande,Hon'Ble Shri Justice S.M. Modak2 pages

mca.155.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [MCA] No.155 of 2020 in Family Court Appeal No.84 of 2014 Azrullah Inamdar s/o Shamiulla Inamdar vs.

Mst. Asefa Anjum w/o Azrullah & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri D.C. Chahande, Advocate for the Applicant/Appellant. COR AM : V.M DESHPANDE & S.M. MODAK, JJ.

DATE : 25 th FEBRUARY, 2020 This is an application for readmission of the appeal, which was dismissed in default on 06/01/2020. 02] Heard Shri D.C. Chahande, learned Counsel for the applicant/appellant. When this family court appeal was dismissed for want of prosecution on 06/01/2020, the non-applicants/respondents and their Counsel were also absent. Therefore, there is no need to issue notice of this application to the respondents. 03] After perusal of the contents of the application and after hearing the learned Counsel for the applicant, we are of the view that the applicant has made out a case of readmission of this appeal. Consequently, the following order is passed :

O R D E R

I.

The family court appeal is restored to file subject to payment of costs of Rs.2,500/-

mca.155.20 2/2 (Rupees Two Thousand Five Hundred Only) to the respondents, within a period of two weeks from today.

II.

The said costs be deposited with the respondents and the appellant to produce copy of receipt showing the payment of costs of Rs.2,500/- to the respondents.

III. The civil application is allowed and disposed of accordingly.

JUDGE JUDGE *sandesh