Smt. Mangalatai Shyamsingh Jambhekar And Another v. Pandurang Vithobaji Baraskar (Dead) Through Lrs. Vilas Pandurang Baraskar And Others

1 42 cao 1918.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 1918 OF 2019 IN MISC. CIVIL APPLICATION ST. NO. 16282 OF 2019 IN FIRST APPEAL NO. 588 OF 2008 Smt. Mangalatai Shyamsingh Jambhekar and anr. ..vs..

Pandurang Vithobaji Baraskar (dead) thr. Its LR' s Vilas Pandurang Baraskar and anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.P. Dapurkar, Advocate h/f Shri V.A. Kothale, Advocate for applicants/appellants.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 21/01/2021 By these applications, the applicant/appellant has sought to condone the delay of 73 days in filing the restoration application, and to restore the present appeal against the judgment dated 21.06.2002 in M.A.C.P. No. 236 of 1994 which was dismissed in default.

2.

In view of the reasons stated in the applications, the delay is condoned and appeal is restored. Both applications are allowed and disposed of accordingly. Appeal is order to be restored.

FIRST APPEAL NO. ________ OF 2021 Appeal be listed in the week commencing from 1st February, 2021, for final hearing.

JUDGE Trupti