Dhansingh Goma Rathod v. Mohan Devla Rathod, And Others

08.01.CAS.425.17

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NO. 425/2017 IN MISC. VIVIL APPLICATION (ST) NO. 5629/2017 IN SECOND APPEAL NO.746/2015(Rej) (Dhansingh Goma Rathod vs. Mohan Devla Rathod and others ) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.Anand Deshpande, Adv. For appellant/applicant Mr. R. J. Shende, Adv.for Respondent nos.1, 3-a, 3b, 3c CORAM : MRS.SWAPNA JOSHI, J.

DATED : 8th January, 2019.

This is an Application seeking condonation of delay of 505 days in filing the application for restoration of Second appeal Stamp No. 17388/2015.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay of 505 days in filing the Second Appeal is condoned. The Civil Application is allowed and disposed of.

MCA. (ST) 5629/2017 The applicant/appellant has filed the instant Application for restoration of Second Appeal by quashing and setting aside the order dated 1.10.2015 passed by learned Registrar of this Court.

08.01.CAS.425.17 For the reasons enumerated in the Application and as the learned Advocate for respondent has no objection, the Misc.Civil Application is allowed. The order dated 1.10.2015 passed by learned Registrar of this Court is set aside. Second Appeal (St) No. 17388/2015 is restored to file.

JUDGE sahare