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Bombay High CourtMCA/916/2017dispossed offdismiss for default

Rajendra S/O Chandan Khandekar v. Satyawanrao S/O Keshavrao Bendle

2017-08-16Hon'Ble Shri Justice A.S. Chandurkar1 pages

912-MCA-916-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (MCA) NO.916 OF 2017 IN SECOND APPEAL NO.168 OF 2017 Rakendra s/o chandan Khandekar, Durgapur, Dist. Chandrapur -vsSatwanrao s/o Keshaorao Bendle, Durgapur, Dist. Chandrapur ------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri D. R. Galande, Advocate for applicant. CORAM : A.S.CHANDURKAR, J.

DATE : AUGUST 16, 2017 Considering reasons mentioned in the application which is supported by affidavit of learned counsel for the applicant, the same is allowed. Order dated 07/08/2017 is recalled and appeal is restored to file. Misc. Civil Application is disposed of. S.A. No.168 of 2017 Issue notice on the following substantial question of law : " Whether the reversal of the decree passed by the trial Court at the hands of the Appellate Court is legally justified in the light of the evidence on record coupled with the attempt made by the appellant for leading additional evidence ? " Notice made returnable on 18/09/2017.

Humdast granted.

JUDGE Asmita