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Bombay High CourtCAO/79/2022disposed off

Shripat Bhiku Bouddha Through Lrs. Ramesh Shrirang Thor And Others v. Narsing S/O Kana Bilal And Others

2023-10-04Hon'Ble Smt. Justice M. S. Jawalkar2 pages

12 cao 1094-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 1094/2023 IN CIVIL APPLICATION (CAO) NO. 79/2022 IN MISC. CIVIL APPLICATION STAMP NO. 17179/2021 IN MISC. CIVIL APPLICATION NO. 824/2016 IN SECOND APPEAL NO. 270/1999 Shripat Bhiku Bouddha through L.Rs. Ramesh Shrirang Thor and others Vs.

Narsing S/o Kana Bilal and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - Shri S.S. Deshpande, Advocate for applicants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 04/10/2023 The present application is filed for supplying correct address of respondent No.1. However, it appears that respondent No.1 is shown as served, as per office note dated 10/08/2023. As such, application does not survive and disposed of.

Jayashree..

12 cao 1094-2023.odt CIVIL APPLICATION (CAO) NO. 79/2022 The present application is filed for condonation of delay in filing restoration application. There is delay of 1975 days in filing restoration application.

2.

The respondents though served, failed to appear in the matter.

3.

For the reasons stated in Paragraph Nos. 2 and 3, I am satisfied that there is sufficient cause for delay in filing application for restoration. However, it cannot be overlooked that no due diligence is shown by the parties to get the matter restored by making due enquiry in the matter. As such, delay is hereby condoned, subject to deposit of costs of Rs.5000/-, to be paid to the High Court Bar Association, within a period of three weeks. 4.

Office is hereby directed to restore Misc. Civil Application for restoration, subject to deposit of costs as directed, within a period of three weeks.

5.

Application stands disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..