Bombay High CourtCAO/240/2013disposedoff

Smt. Tarabai Wd/O Shivram Kopul And Others v. Swaminath Malleshwar Kopul (D) Through Lrs Ushabai Wd/O Swaminath Kopul And Others

2016-07-13Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1307ca240.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application No.240 of 2013 In Misc. Civil Application Stamp No.21529 of 2012 In Rejected Misc. Civil Application No.498 of 2011 In Second Appeal No.151 of 1996 (Smt. Tarabai wd/o Shivram Kopul and others v. Swaminath Malleshwar Kopul and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.R. Choudhary, Advocate for Appellants/Applicants. Coram : R.K. Deshpande, J.

Date : 13 th July, 2016 Civil Application No.240 of 2013 :

Heard Shri Choudhary, the learned counsel for the applicants/appellants. There is a delay of 466 days caused in filing an application for restoration of second appeal. Notices were issued to all the respondents along with the legal heirs of the deceased-respondents. All the parties are served. No reply is filed. The averments made in the application have not been denied.

After going through the contents of the application, which remain uncontroverted, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the

1307ca240.13.odt application is allowed. The delay caused is condoned. The civil application is disposed of.

Misc. Civil Application Stamp No.21529 of 2012 : Notice of this application for restoration of second appeal was served on all the respondents along with the legal heirs of the deceased-respondents. No reply is filed, nor the application is opposed.

After going through the averments made in the application, I am satisfied that a sufficient cause is made out for restoration of the matter. Hence, the application is allowed. Second Appeal No.151 of 1996 is restored.

The Misc. Civil Application is disposed of.

Judge.

Lanjewar CERTIFICATE "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by :

Uploaded on :15-7-2016 P.D. Lanjewar, PS to Hon'ble Judge