Sakharam Subhanrao Shinde And 3 Others v. Sunil Digambar Shinde

11.SA.293.2013.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.293/2013 Sakharam Subhanrao Shinde & Ors. Vs. Sunil Digambar Shinde ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Shri Shubhankar Phadnis h/f Shri K. Nalamwar, Advocate for the Respondent. CORAM : S.M. MODAK, J.

DATE : 16 th SEPTEMBER, 2021.

Though this Court has directed the appellants to file private paper-book within eight weeks as per the order dated 26th March, 2015, it was not filed. It was the conditional order. The appeal was restored as per the order dated 15th July, 2019. Even this Court granted six weeks time to file private paper-book as per the order dated 13th July, 2021. Even this Court has noted down about not filing of private paper-book as per the order dated 24th August, 2021. More than sufficient time has been granted to the appellants. In spite of the restoration of the appeal, the appellants have not taken diligent steps by filing private paper-book. Hence, the appeal needs to be dismissed. 02] The appeal stands dismissed for not filing of private paper-book. This Court has already directed the appellants to pay costs of Rs.5,000/- as per the order dated 13th July, 2021. In spite of that, there is no improvement.

03] Hence, if the appellants will file the application for restoration of the second appeal, he is directed to deposit the costs of Rs.5,000/- then the application will be entertained.

11.SA.293.2013.

2/2 04] Interim order, if any, stands vacated.

05] Interim application, if any, stands disposed of. JUDGE vijay