Mangesh S/O Vishnupant Mankar And Others v. Smt. Kamlabai Wd/O Ramraoji Kakad

1 cao447.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.447 OF 2021 AND MISC. CIVIL APPLICATION (ST.) NO.11917 OF 2020 I N SECOND APPEAL NO.

OF 20 (MANGESH VISHNUPANT MANKAR & ORS....VS.. SMT. KAMLABAI RAMRAOJI KAKAD.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shri C.A.Joshi, Advocate for Applicants.

Shri D.R.Khapre, Advocate for Respondent.

CORAM : A NIL S. KILOR , J.

DATED : DECEMBER 02 , 20 .

1.

Heard.

2.

Shri Joshi, learned counsel for the applicants, points out that there is delay of 294 days in filing the application for restoration of Second Appeal and he further submits that sufficient cause has been shown in the application, particularly in paragraph Nos. 1 and 2 of the application.

3.

Shri Khapre, learned counsel has no serious objection to allow the application, however, he has made a request that in case the application for restoration is allowed, this matter may be heard expeditiously. 4.

In view of the fact that sufficient cause has been shown by the learned counsel for the applicants, the delay caused in filing the application for restoration is condoned.

2 cao447.21 The application stands disposed of accordingly. MISC.CIVIL APPLN.ST.NO. 11917/2020 As the learned counsel for the respondent has no serious objection, for the reasons stated in the application, the application is allowed.

The Second Appeal be restored to its original number and place the same before Court for final hearing in the second week of January 2022.

The Misc. Civil Application stands disposed of accordingly.

JUDGE RRaut..