Smt. Shobha W/O Mahesh Pande (Dead) Thr Lrs Mahesh S/O Shivnarayan Pande v. Kishor S/O Shamrao Wandile

2023:BHC-NAG:15616 44-MCA 831-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 831 OF 2023 (RESTO.) IN SECOND APPEAL NO. 25 OF 2010 (D) SMT. SHOBHA W/O. MAHESH PANDE (DEAD) THR. LRS. MAHESH S/O. SHIVNARAYAN PANDE ...VERSUS...

KISHOR S/O. SHAMRAO WANDILE ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Y.J.Chandurkar, Advocate for applicant.

Shri A.S.Sonare, Advocate for respondent.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

Heard both the learned counsel.

2.

The present application is filed for restoration of Second Appeal and for setting aside dismissal order dated 05/07/2023. 3.

It appears that since long, the appellant was not present, hence, the Second Appeal was dismissed vide order dated 05/07/2023 passed by this Court.

4.

For the reasons stated in the application, the application is allowed. The Second Appeal which was dismissed vide order dated 05/07/2023 is hereby set aside.

5.

Registry is directed to restore the Second Appeal. 6.

Accordingly, the application stands disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar