Smt. Mangala Wd/O Arun Kulkarni, Buldhana And 3 Otrs v. Atul Dhruvkumar Kulkarni, Buldhana And ANR

2024:BHC-NAG:4094 1 mca 77.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Misc. Civil Application No. 77 of 2024 in First Appeal No.

of (D) [Smt. Mangala Wd/o Arun Kulkarni and ors. ..vs.. Atul Dhruvkumar Kulkarni and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. D. V. Sapkal, Advocate for the applicants Mr. D. N. Kukday, Advocate for non-applicant no. 2 CORAM : ANIL L. PANSARE J .

DATED : 10-04 -202 By present application, the applicants/ appellants are seeking to restore First Appeal No. 1161/2009 with its original status by setting aside order dated 13-7-2023 passed by this Court.

2.

The order dated 13-7-2023 reads thus :

"None for the appellants.

Matter was kept for dismissal vide order dated 13/06/2023. Today also, none for the appellants. Hence, matter is dismissed in default."

Thus, despite giving an opportunity, none appeared for the appellants.

3.

Learned counsel for the appellants submits that she will diligently attend the appeal, if it is restored on the file. I am informed that the connected appeal being First Appeal No. 1145/2008 is pending before the Court. In view thereof and for the reasons set out in the application, the application is allowed subject to costs of Rs. 500/- to be deposited with the High Court Bar Association, Nagpur.

2 mca 77.2024.odt 4.

Order dated 13-7-2023 is set aside. First Appeal No. 1161/2009 is restored on file to its original status meaning thereby, the interim order passed in said appeal stands restored.

First Appeal No. 1161/2009 5.

List the appeal for final hearing on 24-4-2024. (Anil L. Pansare, J.) wasnik