Bombay High CourtMCA/253/2019admittedallwdgrantedrule absolute

Ishwar S/O Ganpatrao Shivankar v. Narendra S/O Janrao Thakre (Dea) Through Lrs. Shalini Wd/O Narendra Thakre And Others

2019-07-30Hon'Ble Shri Justice Z.A. Haq2 pages

1 mca253.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 253 OF 2019 IN SECOND APPEAL NO.411 OF 2008 (ISHWAR GANPATRAO SHIVANKAR...VS.. NARENDRA JANRAO THAKRE THR. LRS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.C.Dharmadhikari, Advocate for Applicant/Appellant. CORAM : Z.A.HAQ, J.

DATED : JULY 30, 2019.

Though the respondents are served, none appears for them.

Accepting the explanation given in the application, order passed by this Court on 11th February 2019 dismissing the appeal for want of prosecution is recalled. The Second Appeal is restored.

The civil application is allowed accordingly. SECOND APPEAL NO.411/2008.

As the respondents are served with notice of Misc. Civil Application No. 253 of 2019, they are aware about these proceedings and fresh notice of the second appeal need not be issued to the respondents.

List the Second Appeal for hearing on 1st August 2019 at 2.30 p.m.

2 mca253.19 The learned Advocate for the appellant shall send copy of this order to the respondents by Speed Post/ Registered Post Acknowledgment Due and file affidavit of compliance till 1st August 2019.

JUDGE RRaut..