Bombay High CourtMCA/114/2016admittedallwdgrantedrule absolute

Smt. Shobha D/O Ramrao Kashikar v. Wasudeorao S/O Atmaram Borkute (Dead) Through Lrs., Sanjay S/O Wasudeo Borkute And Others

2016-01-12Hon'Ble Shri Justice P.B. Varale2 pages

1 ca1642.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.1642 OF 2015 IN MISC. CIVIL APPLICATION ST. NO.17262 OF 2015 IN SECOND APPEAL ST. NO. 9664 OF 2015 [Smt. Shobha d/o Ramrao Kashikar .vs. Wasudeorao s/o Atmaram Borkute (Dead) through legal representatives and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.R. Prasad, Advocate for the applicant-appellant. ..........

CORAM : PRASANNA B. VARALE, J.

DATED : JANUARY 12, 2016.

Heard.

The reason for the delay caused in filing the present application seeking restoration of appeal is the communication gap between the counsel and the applicant-appellant. For the reasons stated in the application, the application is allowed. The delay is condoned. Application stands disposed of.

MISC. CIVIL APPLICATION ST. NO.17262 OF 2015 Heard.

The learned counsel for the applicant-appellant, by inviting my attention to the ground raised in the present application, submitted that due to oversight the counsel was unable to mark the matter and failed to remove the office objection in respect of filing the typed copy of the judgment and order passed by first appellate court. He submits that the applicant-appellant is now in a position to comply with the office

2 ca1642.15.odt objection.

In view of the submission of the learned counsel for the applicant-appellant and for the reasons stated in the application, the application is allowed and restored the second appeal to its original file, subject to removal of office objection, within a period of one week from today.

M.C.A. stands disposed of.

JUDGE Gulande