Parvatabai Ramrao Deosarkar And Others v. Praveen Deorao Deosarkar

cao700.21.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.700 OF 2021 IN MISC. CIVIL APPLICATION STAMP NO.12422 OF 2021 IN SECOND APPEAL NO.337 OF 2005 (Parvatabai Ramrao Deosarkar and others Vs. Pravin Deorao Deosarkar) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. J. S. Wankhede, Advocate for Applicants/Appellants. Mr. Vishwas Gadbaile, Advocate i/b Mr. K. S. Narwade, Advocate for Respondent.

CORAM: SMT. M. S. JAWALKAR, J.

DATE: 6 th JANUARY, 2025.

The second appeal is dismissed in default on 26.02.2019. It is contended that the matter was listed on 11.02.2019 and earlier counsel could not contact to the present applicants. Accordingly, the matter was stand over for two weeks. However, thereafter also the learned counsel could not contact with the present applicants/appellants. It was alleged that till 26.02.2019, the second appeal was pending. However, it was revealed, after verification, on the website that the appeal is already dismissed in default on 26.02.2019. There is a delay of 918 days in filing restoration application of second appeal. It was not fault on the part of the applicants. Still the delay is around 21⁄2 years, no due diligence is not shown. Therefore, though I am inclined to allow the application subject to costs of Rs.3000/-.

cao700.21.O.odt 2.

For the reasons stated in the application, delay is hereby condoned subject to costs of Rs.3000/-. The application stands disposed of accordingly. 3.

The amount of costs directed to be deposited within a period of two weeks to the High Court Bar Library, Nagpur.

MISC. CIVIL APPLICATION STAMP NO.12422 OF 2021: For the reasons stated in the application, the application is allowed.

2.

The order passed by the Registrar (Judicial) dated 26.02.2019 is hereby recalled.

3.

The Registry is directed to register the Second Appeal on its original stamp number, subject to payment of costs as directed above.

JUDGE NSN