Bombay High CourtMCA/737/2017admittedallwdgrantedrule absolute

Krushnarao Keshavrao Pophale Died. Through Its Lrs. Kaveri Wd/O Krishnarao Pophale And Others v. Vithal Namdeo Bobade Through Its Lrs. Smt. Leelabai Wd/O Vithal Bobade And Others

2017-07-17Hon'Ble Shri Justice A.S. Chandurkar2 pages

CA1895.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Civil Application No. 1895/2016 in MCA St. No. 18091/2016 in Second Appeal No. 450/1996 (decided) Krushnarao Keshavrao Pophale Thr. Lrs.

V/s Vithal Namdeo Bobade, Thr. L.Rs - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S.R.Deshpande, Advocate for applicants. Shri Mahesh Rai, Advocate for Respondent Nos. 2 & 3. CORAM : A.S. CHANDURKAR, J DATED : 17 th JULY, 2017.

Name of respondent no.4 is permitted to be deleted at the risk of applicants. His legal heirs are already on record. The amendment be carried out forthwith.

By this application, it is prayed that the delay in filing restoration application be condoned. In the application it is stated that as per the order dated 31/07/2006, the paper book was to be filed within a period of eight weeks. The same was however filed three days late. The reasons for the delay in filing the restoration application are stated in paras nos. 2 and 3 of the application.

The application is opposed by learned counsel for the respondent Nos. 2 & 3-A. However, considering the reasons mentioned in the application the delay stands condoned.

CA1895.odt Civil Application No. 1895/2016 is allowed and disposed of accordingly.

M.C.A. St. No. 18091/2016 Considering the reasons mentioned in the application and as the paper book was filed after period of three days, the second appeal is restored to file.

Misc. Civil Application is allowed and disposed of accordingly.

Second Appeal No. 450/1996 Issue notice of hearing of the Second Appeal to the respondent Nos.3 (B to D) and respondent Nos. 5 to 7. Shri Rai learned counsel waives notice on behalf of respondent Nos. 2 and 3-A.

Notice returnable on 21/8/2017.

Hamdast granted.

JUDGE Nandurkar