Smt, Tarabai Wd/O Chandrakant Viadya (Dead) Through Lrs. Arun Chandrakant Vaidya And Others v. Shri Dyaneshwar S/O Punjaramji Akare And Others

1 mcar1036.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR Misc. Civil Application (Restoration) No.1036/2019 in S.A. No.98/2011 (D) Tarabai Vaidya (D) Through LRs Arun Vaidya & Ors. Vs. Dyaneshwar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Meena Hiwase, Advocate for appellants CORAM :MANISH PITALE, J.

DATED : OCTOBER 18, 2019 This is an application for restoration of second appeal, which stood dismissed in default on 28/08/2019. It is pointed out in the application that the appeal was pending since the year 2011 and on the date it was called out for final hearing the counsel appearing could not remain present in the Court due to personal difficulty.

Considering the aforesaid reasons stated in the application, as also the fact that the amount of Rs.3000/- has been already deposited with the High Court Legal Aid Services Sub-Committee, Nagpur, in terms of order dated 20/08/2019, the application is allowed and appeal is restored.

Let the appeal be listed for final hearing in usual course.

JUDGE MP Deshpande