Harilal Beni Madhav Shahu v. K. B. Shahu (Dead) Thr. Lrs. Sushilabai K. Shahu (Dead) Thr. Lrs. Ashok S/O Kedarnath Shahu And Oth

5 mca1131.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH: NAGPUR MISC. CIVIL APPLICATION (REST.) NO. 1131/2019 IN SECOND APPEAL NO. 140/2009 (D) Harilal s/o B. Shahu, thr. LRs Smt Vidhyawati wd/o Harilal Shahu and others. Versus Kedarnath B. Shahu and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri C.S. Dharmadhikari, Advocate for Applicants/Appellants. CORAM : M.S. JAWALKAR, J.

DATED : 31st JANUARY, 2022 Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Respondents though served has not appeared. This is an application for restoration of appeal dismissed vide order dated 27/6/2019.

It appears that after framing of substantial questions of law in the present appeal, the appellants preferred an application for grant of early hearing thereupon vide order dated 14/02/2014 it came to be allowed. Thereafter, the matter came to be listed on 14/06/2019, as no one appeared on behalf of the appellants. The matter was again listed on 27/06/2019, no one was present on that day also. The rkn

5 mca1131.2019.odt matter was dismissed for want of prosecution. The appellant- Harilal expired on 04/11/2018 and this fact was not communicated to the Court, as counsel for the appellant also expired on 21/01/2018, and therefore none for the appellant were present when the matter was listed for final hearing. His contention is not entertained by the respondent. The reasons for nonappearance is sufficiently explained. Therefore, the application needs to be allowed accordingly.

Registry is directed to restore the appeal on its original number.

The Misc. Civil Application is disposed of.

[M.S.JAWALKAR, J.] Signed By:RAJESH K NANDURKAR rkn