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Bombay High CourtCAO/777/2023delay condonatedrejected

Smt. Sushila Sahebrao Sonarkhan (Dead) And Another v. Sau. Shalini Shridharrao Pawar

2023-08-31Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 9 cao 777-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.777/2023 IN MISC. CIVIL APPLICATION ST. NO.19725/2023 IN SECOND APPEAL NO.358/2022(D) Smt. Sushila Sahebrao Sonarkhan and another Vs.

Sau. Shalini Shridharrao Pawar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.r. Ingole, Advocate for appellants Shri N.B. Kalwaghe, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

31/08/ The application is filed for condonation of delay of 116 days in filing application for restoration of Second Appeal. Second Appeal came to be dismissed on 13/01/2023.

2.

The application is opposed by the learned Counsel for respondent.

3.

However, for the reasons mentioned in paragraph No.3 of the application, the delay is hereby condoned.

4.

The Registry is directed to register the Misc. Civil Application.

5.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.10725/2023 1.

The present application is filed for restoration

2 9 cao 777-2023 of Second Appeal which came to be dismissed on 13/01/2023.

2.

The learned Counsel for appellants submits that he has already filed paper book of First Appellate Court along with relevant documents. As such, Second Appeal No.358/2022 is hereby restored on its original number by recalling order of dismissal. However, the interim order which was stand vacated will not be restored.

3.

The Registry is directed to list the matter for final hearing at the stage of admission on 14/09/2023 at 2.30 p.m.

JUDGE R.S. Sahare