Wamanrao S/O. Shivhari Tatte And Another v. Bhagirathibai G. Tatte(Dead)Thr. Lrs. Vinayakrao G. Tatte(Dead)Thr. Lrs. Leelabai V. Tatte And Othe

18 cao 715-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAO) No. 715 of 2020 In MCAST No.9158 of 2020 In C ivil Application (CAS) No. 597 of 2015 Wamanrao S/o Shivhari Tatte and another

Versus

Smt. Bhagirathibai Gunwantrao Tatte (Dead) through her Legal Heirs Vinayakrao Gunwantrao Tatte (Dead) through L.Rs Leelabai wd/o Vinayak Tatte and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.J. Thakkar, Advocate for applicants CORAM : ANIL S. KILOR, J.

DATED : 18 DECEMBER 2021 Heard the learned Counsel for the applicants.

2.

None for the non-applicants though served.

3.

By way of this application, the applicants are praying for condonation of delay in filing application for restoration of Second Appeal Stamp No. 10926/2015. Shri Thakkar, learned Counsel for the applicant points out that there is a delay of 1291 days and as the earlier learned Counsel appearing for the applicant failed to appear in the matter when the

18 cao 715-2020.odt matter was listed on 10/02/2017 and therefore it was dismissed in default. It is pointed out that both the applicants are senior citizens. They are in their advanced age and had no knowledge of dismissal of their appeal. In view of the fact that the then learned Counsel did not inform the said fact of dismissal of the same to the applicant, immediate steps were not taken in this matter for filing application for restoration. However, as after the applicants received knowledge about the said fact, immediate steps were taken for filing application for restoration of Second Appeal. However, there was a delay, the present application came to be filed.

4.

After going through the application and looking to the reasons stated in the application and more particularly taking into consideration the fact that the applicants are senior citizens, I am of the opinion that sufficient cause has been shown in the application. Accordingly the application is allowed. The delay caused in filing restoration application is condoned. 5.

The office is requested to register the application for restoration and place the same for orders on 23/12/2021.

[ANIL S. KILOR, J.] Jayashree Signed By:JAYASHREE SHARAD SHINGNE