Haridas S/O Jagannathji Chandak And Others v. Gajanan Dayaramji Saoji And Another

912 cas 712-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 712/2021 IN SECOND APPEAL STAMP NO. 8911/2021 Haridas S/o Jagannathji Chandak (dead) through LRs Smt. Shantidevi wd/o Haridas Chandak and others Vs.

Gajanan Dayaramji Saoji 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 U.A. Gosavi, Advocate for appellants/applicants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 02/08/2022 Heard the learned Counsel for the applicant. In spite of service of notice of the application, respondent Nos. 1 and 2 remained absent.

2.

Permission is granted to applicant to annex the documents as mentioned in the application which are extract of Counsel's diary of cases.

3.

It appears that by inadvertent mistake of the advocate, the matter was not noted. Hence, it could not be revealed that matter was proceeded ex parte.

4.

For the reasons stated in paragraph No. 5, I am satisfied that there is no intentional or deliberate delay.

912 cas 712-2021.odt Moreover, for the mistake of an Advocate there cannot be any adverse order against the party in the proceeding. As such I am inclined to allow the application and pass the following order:

O R D E R

i) Application is allowed.

ii) Delay in filing Second Appeal is hereby condoned. iii) Registry is directed to register the Second Appeal. (SMT. M.S. JAWALKAR, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE