Bombay High CourtCAO/9/2017admittedallwdgrantedrule absolute

Asha Wd/O Gopalrao Deshpande (Dead) Through Lrs. Aniruddha Gopalrao Deshpande And Another v. Santosh Laxmanrao Raut And Others

2018-03-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao9.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.O. NO.9/2017 AND M.C.A. STAMP NO.10066/2016 IN FIRST APPEAL NO.289/2003 Asha Wd/o Gopalrao Deshpande through L.Rs. Aniruddha Gopalrao Deshpande and another ..Vs..

Santosh Laxmanrao Raut and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 15.3.2018.

Heard Shri U.J. Deshpande, Advocate for the applicants. None for the non-applicants though served. Accepting the explanation given in the application, delay of 61 days in filing restoration application is condoned. The order passed on 2nd February, 2016 dismissing the appeal for want of prosecution is recalled and the appeal is restored. The civil application and miscellaneous civil application are allowed accordingly. No costs.

FIRST APPEAL NO.289/2003 The respondents are served with notice on Civil Application (CAO) No.9/2017 and are aware about pendency of the proceedings. Fresh notice to the respondent is not required. However, the Advocate for

2 cao9.17 the appellants shall send copy of this order to the respondents by speed post acknowledgment due and file an affidavit of compliance on record of this appeal within two weeks.

JUDGE Tambaskar.