Vithal S/O Dayaramji Sapate v. Purushottam S/O Mukund Gire And 3 ORS

939MCA 1005.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (MCA) NO. 1005 OF 2019 IN SECOND APPEAL NO. 149 OF 2009 (Vitthal s/o Dayaramji Sapate, Nagpur Vs. Purushottam s/o Mukund Giri & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms. V.P. Thakare, Advocate for the applicant/appellant. Ms. A.Y. Pardhi, Advocate for the respondents. CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 16, 2020.

This is an application for restoration of Second Appeal No. 149/2009, which got dismissed in default by this Court vide order dated 11/07/2019. For the reasons assigned in the said application and finding them to be satisfactory, the same is allowed. Second Appeal No. 149/2009 stands restored to the file.

CIVIL APPLICATION (CAO) NOS. 275/2020 AND 175/2020 IN MISC. CIVIL APPLICATION NO.

1005/2019 IN SECOND APPEAL NO. 149/2009.

These applications are for condonation of delay in filing application for setting aside abatement and in bringing the legal representatives of respondent No.3 on record.

For the reasons stated in the aforesaid applications and finding them to be satisfactory, the

939MCA 1005.19 same stand allowed in terms of prayer clause mentioned therein.

The amendment shall be carried out within a period of two weeks from today.

Learned counsel for the applicant/appellant to serve the amended copy of memo of appeal to the learned counsel for the respondents.

The Civil Applications accordingly stand disposed of.

JUDGE Sumit