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Bombay High CourtCAO/1010/2025ca disposed off

Smt. Yashodabai Wd/O Govind Uike And 2 Others v. Shri Jaikumar S/O Wamanrao Chaoudhari And Others

2025-09-03Hon'Ble Shri Justice Pravin S. Patil2 pages

1 47.cao.1010.2025

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 1010 OF 2025 IN MISC. CIVIL APPLICATION ST. NO. 12957 OF 2024 IN FIRST APPEAL NO. 292 OF 2007 Smt. Yashodabai wd/o Govind Uike and ors ..vs..

Jaikumar s/o Wamanrao Choudhari and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Isha Thakare, Advocate h/f Shri Deepak Thakare, Advocate for the applicants.

Ms Kiran Israni, Advocate h/f Shri R.R. Chhabra, Advocate for respondent no.2.

CORAM: PRAVIN S. PATIL, J.

DATED : 03/09/2025.

Heard.

2.

By this application, the applicants are seeking condonation of delay of 711 days in filing the restoration application of the first appeal, which was dismissed against the respondent no.1 vide order dated 28.06.2022. 3.

Considering the reasons stated in the application, the application is allowed. Delay stands condoned. 4.

The application stands disposed of accordingly MISC. CIVIL APPLICATION ST. NO. 12957 OF 2024 5.

Heard.

6.

By this application, the applicants are seeking the restoration of the first appeal which was dismissed against the respondent no.1 vide order dated 28.06.2022.

7.

Considering the reasons stated in the application, the application is allowed. The appeal is restored against the respondent no. 1.

2 47.cao.1010.2025 8.

The application stands disposed of accordingly. FIRST APPEAL NO. 292 OF 2007 9.

In view of the order dated 09.07.2024, time is extended by further two weeks to carry out the necessary amendment in the cause title of the appeal.

10.

After the amendment, issue fresh notice to the respondent no.1, returnable after three weeks. 11.

Leave is granted to serve the respondent no.1 by all permissible modes.

(PRAVIN S. PATIL , J.

) Trupti