Keshao S/O Jago Thool And Another v. Siddharth S/O Hiraman Ratnaparkhi And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAO) No.986 of 2019 In Misc. Civil Application (St) No.5490 of 2019 Keshao s/o Jago Thool and another

Versus

Siddharth s/o Hiraman Ratnaparkhi and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.R. Joharapurkar, advocate for the applicant. CORAM : ANIL S. KILOR, J.

DATED : 9th DECEMBER, 2021.

This is an application for condonation of delay in filing the application of restoration. 2.

I have heard learned counsel for the respective parties.

3.

Learned counsel for the applicant points out that there is a delay of 369 days in filing the restoration application.

4.

He submits that earlier the condonation of delay in filing the second appeal is condoned subject to costs of Rs.500/-. However, the costs was not

deposited within stipulated time. Accordingly, the appeal stood dismissed.

5.

He further submits that the learned counsel who was appearing at the relevant time did not inform the applicant about the dismissal of the appeal or about non payment of costs, therefore, the applicant could not take immediate steps to file application for restoration. However, on getting the information, the application for restoration was moved. But, there is a delay in filing the same and therefore, this application.

6.

It is submitted that as the sufficient cause has been shown in the application. It is further submitted that the delay is not intentional but it is bonafide.

7.

Learned counsel for the non-applicants is not seriously opposing the application of delay. 8.

In view of the fact that sufficient cause has been shown in this application, the delay is condoned subject to payment of costs of Rs.5,000/- to be paid in the High Court Legal Aid Services Sub Committee, Nagpur within one week from today. Failure to pay the costs, within stipulated time, the application shall stands

dismissed without reference to the Court. The civil application is disposed of.

Civil Application Stamp No. 1152 of 2021 Heard learned counsel for the applicants.

2.

For the reasons stated in the application, the application is allowed subject to conditions that applicant shall satisfy the office as regards the compliance of order passed on Civil Application No. 986 of 2019.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2021.12.13 10:44:10 +0530 SACHINDANAND K NAIR