Trilokchand Zumzarlal Chandak v. Suresh Ramchand Bhadang And Another

44 mca 270-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 270/2023 IN FIRST APPEAL NO. 824/2016 Tilochand Zumzarlal Chandak Vs.

Suresh S/o Ramchandra Bhandang and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - --- Shri A.B. Mirza, Advocate for appellant Ms Anita Mategaonkar, Advocate for respondent No.2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 14/06/2023 Present restoration application is filed by applicant for restoration of first appeal, as it came to be dismissed for want of filing of private paper book. The learned Counsel for appellant submitted that by common conditional order, six weeks time was granted by order dated 01/12/2022. However, due to inadvertent mistake it could not be supplied and matter was dismissed for non compliance. For the reasons mentioned in application, the application is allowed.

2.

Registry is directed to restore first appeal on record.

3.

After restoration of first appeal, the appellant to file private paper book within one week and take necessary steps to serve respondents.

Signed By:JAYASHREE SHARAD SHINGNE (SMT. M.S. JAWALKAR, J.) Jayashree..