Gangadharrao N. Marodkar Thr. Lrs. Bhaurao Gangadharrao Marodkar And Another v. Narayan Shamrao Deshpande (Dead) Suhashini Arunrao Nanoti And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (O) No. 1769 OF 2019 IN M.C.A.St.No.18254 OF 2019 IN SECOND APPEAL No.387 OF 2010 (D) Shri. Gangadharrao Narayanrao Marodkar (Dead) through LR's Shri. Bhaurao Gangadharrao Marodkar & Ors.

vs.

Shri. Narayan Shamrao Deshpande (Dead) through LR's Suhasini Arunrao Nanoti - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. P. M. Pande, Advocate for applicants/appellants Smt. Pushpa Choubey, Advocate for respondents. CORAM : Manish Pitale J DATED : 20.09.2019 These are applications filed for restoration of Second Appeal No.387/2010 and for condonation of delay in moving the application for restoration. 2.

It is pointed out that the said appeal was tagged along with Second Appeal No.384/2010 and that since paper book was filed in the Second Appeal No.384/2010, the learned counsel was under an impression that there was no necessity to file paper book in Second Appeal No.387/2010. It is due to this reason, paper book was not filed and Second appeal No.387/2010 stood dismissed by order dated

2 / 2 cao1769.19 30.03.2015, for failure on the part of the appellants to file paper book.

3.

In view of the above, the applications are allowed. Consequently, delay is condoned and the appeal is restored.

JUDGE KOLHE