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Bombay High CourtMCA/898/2019admittedallwdgrantedrule absolute

Nivrutti S/O Sukhdeo Bagade (Dead) Through L.Rs. Smt. Sindhubai Wd/O Nivrutti Bagade And 5 Others v. Parvatabai W/O Kashiram Khandare

2019-09-20Hon'Ble Shri Justice Manish Pitale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC.CIVIL APPLICATION No.898 OF 2019 IN SECOND APPEAL NO. 42 OF 2011 (D) Nivrutti s/o Sukhdeo Bacade (Dead) thr. LR's Smt.Sindhubai wd/o Nivrutti Bagade and others vs.

Parvatabai w/o Kashiram Khandare - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. V. K. Paliwal, Advocate for applicants/appellants. CORAM : Manish Pitale J DATED : 20.09.2019 This is an application for restoration of the Second Appeal, which stood dismissed on 19.08.2019, as the counsel representing the appellants could not appear before the Court when the appeal was called out for hearing.

2.

It is stated in the application that the counsel representing the appellants was held up in another Court due to which he could not appear in the appeal when it was called. It is also stated by the learned counsel appearing for the applicant/ appellants that cost as directed in order dated 19.08.2019 has been paid.

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Hence, for the reasons stated in the application, the same is allowed and the appeal is restored to be heard in due course.

JUDGE KOLHE