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Bombay High CourtCAO/78/2020delay condonatedrejected

Gangadhar S/O Bhaurao Jagtap v. Narayan S/O Ramaji Melekar (Dead) Through Lrs. Baban @ Narayan Melekar And Others

2021-11-23Hon'Ble Shri Justice Anil S. Kilor2 pages

1 cao78.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.78 OF 2020 I N MISC. CIVIL APPLICATION ST. NO. 5578 OF 2019 IN SECOND APPEAL NO.317 OF 1995 (D) (GANGADHAR BHAURAO JAGTAP....VS.. NARAYAN RAMAJI MELEKAR (DEAD) THR. LRS. & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S.Bhendarkar, Advocate for Applicant.

CORAM : A NIL S. KILOR , J.

DATED : NOVEMBER 23 , 20 .

1.

This is an application for condonation of delay in filing second appeal. There is 150 days' delay in filing the restoration application.

2.

Heard learned counsel for the applicant. None for the non-applicants.

3.

It is submitted that immediately after the applicant got knowledge about dismissal of the appeal, the application for restoration came to be filed. However, delay was caused in filing the application for restoration. It is submitted that because the applicant had no knowledge about dismissal of the appeal, the delay has been caused.

2 cao78.20 5.

In view of the reasons stated in the application and as nobody is opposing this application, the application is allowed.

6.

Office is directed to register the application for restoration and place the same for orders after two weeks. The application stands disposed of accordingly. JUDGE RRaut..