Smt. Baleshwari W/O Maroti Koyadwar v. Raju S/O Chaitram Raut (Dead) Through Lrs. Smt. Lilabai Wd/O Raju Raut And Others

26 mca 580-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR MISC. CIVIL APPLICATION NO. 580/2023 IN CIVIL APPLICATION (CAS) NO. 754/2021 IN SECOND APPEAL STAMP NO. 5354/2021 Smt. Baleshwari W/o Maroti Koyadwar Vs.

Raju S/o Chaitram Raut (Dead) through L.Rs. Smt. Lilabai Wd/o Raju Raut and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Shri C.F. Bhagwani, Advocate for applicants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 22/12/2023 Present application is filed for restoration of second appeal, which was dismissed for want of prosecution on 10/02/2023. It appears that matter was adjourned thrice, but nobody turn up. Therefore, it was dismissed for want of prosecution. Though I am not satisfied with the reasons stated in the application, in the interest of justice, I am allowing the application, subject to costs.

Jayashree..

26 mca 580-2023.odt 2.

The application is allowed, subject to costs of Rs.3000/-, to be paid to the Vidarbha Lady Law Association, within a period of two weeks.

3.

Registry is directed to restore the appeal on its original number.

4.

List the matter thereafter for admission.

5.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..