Mohd. Rafique Ab. Aziz And Another v. Salim Kha Ismail Kha And Others

caf 1769.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAOST) NO. 15738 OF 2019 WITH MISC. CIVIL APPLICATION (MCAST) NO. 15737 OF 2019 IN CIVIL APPLICATION (CAF) NO. 1769 OF 2018 IN FIRST APPEAL (ST.) NO. 2025 OF 2018 [Mohd. Rafique Ab. Aziz and anr. Vs. Salim Kha Ismail Kha and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri A. S. Deshpande, Advocate for the appellants Shri N. R. Thamke, Advocate for respondent no. 3 CORAM : M. G. GIRATKAR, J.

DATE : 05/08/2019 CIVIL APPLICATION (CAOST) NO. 15738 OF 2019 Heard.

This is an application for condonation of delay in filing restoration of appeal against respondent no. 2. The application is opposed by Shri Thamke, learned Counsel for respondent no. 3.

For the reasons stated in the application, the application is allowed. The delay is condoned. MISC.CIVIL APPLICATION (MCAST) NO.15737 OF 2019 Heard.

This is an application for restoration of appeal against respondent no. 2.

caf 1769.2018.odt The appeal was dismissed against respondent no. 2 for not supplying correct address of respondent no. 2. Now, the appellants are having the correct address of respondent no. 2.

The application is opposed by Shri Thamke, learned Counsel for respondent no. 3.

For the reasons stated in the application, the application is allowed. The appeal is restored against respondent no. 2, at the stage, when it was dismissed. JUDGE SMGate