Pundlik S/O Insaram Rajgire And Another v. Suresh S/O Dudiram Rajgire And Others

2024:BHC-NAG:11771 5 CAO-666-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO.666 OF 2021 AND MISC. CIVIL APPLICATION (ST) NO.6688 OF 2020 IN SECOND APPEAL NO.338 OF 2017 [Pundlik Insaram Rajgire and Anr. ..Vs.. Suresh Dudiram Rajgire and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr O. W. Gupta, Advocate for Applicants.

CORAM

: M. W. CHANDWANI, J.

DATE : 17 th OCTOBER, 2024.

1.

Heard.

2.

This is an application for condonation of delay in filing the restoration application and application for restoration of the second appeal.

3.

The contention is that due to cardiac illness of the earlier counsel, he could not remain present in the Court and the appeal came to be dismissed for want of prosecution. 4.

The statement made in the application on oath remained uncontroverted, since the respondents, though served, did not appear.

5.

For the reasons mentioned in the applications, the application for condonation of delay and application for restoration of the appeal are allowed. The appeal be restored to the file.

6.

Accordingly, the applications stand disposed of. 7.

List the appeal after Diwali vacation.

JUDGE TAMBE