Smt. Kamlabai Pundlik Dawale And Another v. Pundlik Changdeo Dawale (Dead) And Others

1 37.MCA.280-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION (MCA) NO. 280 OF 2020 IN SECOND APPEAL NO. 346 OF 2003(D) ( Smt. Kamlabai Pundlik Dawale & Anr.

Vs.

Pundlik Changdeo Dawale (dead) Thr. LRs. ) Office Notes, Office Memoranda of Coram, Appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders Shri V.A. Kothale, Advocate for the applicants/appellants. CORAM: MRS. SWAPNA JOSHI, J.

DATED : 25th JANUARY, 2021.

This application is for restoration of Second Appeal No. 346/2003 which was dismissed vide order dated 22.01.2020.

2.

Heard Shri Kothale, the learned counsel for the applicants/appellants.

3.

On a perusal of the application, I am satisfied that the reasons mentioned in the appliation are properly explained in respect of absence of the learned counsel for the applicants/appellants before the Court. 4.

The order dated 22.01.2020 passed by this Court (Coram : Anil S. Kilor, J.), dismissing the Second Appeal No. 346/2003 in default, needs to be set aside and the Second Appeal is required to be restored. Hence, the following order.

2 37.MCA.280-2020.odt

O R D E R

Order dated 22.01.2020, dismissing the Second Appeal No. 346/2003 in default, is hereby set aside and the Second Appeal No. 346/2003 is hereby restored. 5.

Misc. Civil Application No. 280/2020 stands disposed of accordingly.

(MRS. SWAPNA JOSHI, J.) SD. Bhimte