Balwant S/O Narayan Mahantare v. Sonaba S/O Vithoba Kamble

1 ca471.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [O] NO.471/2019 IN M.C.A. [RESTORATION] ST. NO.3506/2019 IN SECOND APPEAL ST. NO.12295/2017 [R.C. NO.1023/2017] [Balwant Narayan Mahantare .vs. Sonaba Vithoba Kamble] ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... Shri M.P. Kariya, Advocate for appellant.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : MARCH 05, 2019.

This is an application filed by the appellant for condonation of delay in filing the application for restoration of Second Appeal. Heard. Perused the application. For the reasons mentioned in the application, the application is hereby allowed. The delay is condoned, subject to the payment of costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur within two weeks. Civil Application stands disposed of.

MISC. CIVIL APPLICATION NO.3506/2019 This is an application filed by the appellant for restoration of the second appeal.

Heard. Perused the application. It is submitted that the office objection was not removed within the stipulated period and therefore the appeal came to be dismissed. Learned advocate undertakes to remove the office objection within a period of two weeks. In view thereof, the order dated 24.8.2017 passed by the Registrar (Judicial) is hereby set aside and Second Appeal St. No.12295/2017 is restored to the file. M.C.A. stands disposed of.

JUDGE Gulande