Moreshwar @ Harishchandra S/O Tulshiram Ambilkar v. Shardabai Madhav Rangari And Others

1 7 cao 1361-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1361/2023 IN MISC. CIVIL APPLICATION ST. NO. 21665/2023 IN SECOND APPEAL NO.186/2023 (D) Moreshwar @ Harishchandra s/o Tulshiram Ambilkar Vs.

Shardabai Madhav Rangari and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.A. Bramhe, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

02/11/ The application is filed for condonation of delay of 71 days in filing application for restoration of Second Appeal. It is submitted that matter was listed on 17/07/2023 before this Court and came to be disposed of due to non appearance of the Counsel. It is submitted that inadvertently on 17/07/2023, when the matter was listed, it was not marked from the cause list and same could not be attended. The dismissal of the appeal came to the notice on 26/10/2023. It is submitted that there

2 7 cao 1361-2023 are no deliberate or intentional delay in filing application.

2.

The application is supported by affidavit of Advocate.

3.

As such, I am inclined to allow the application, subject to costs of Rs.1000/-, as Advocate has not shown due diligence.

Accordingly, the application is allowed.

4.

The delay in filing restoration application is hereby condoned subject to costs of Rs.1000/- to be paid to the Vidarbha Lady Lawyers Association, Nagpur within a period of two weeks. 5.

The Registry is directed to register the Misc. Civil Application.

6.

The application stands disposed of accordingly.

MISC. CIVIL APPLICATION ST. NO.21665/2023 1.

The present application is filed for restoration of second appeal which was dismissed on 17/07/2023 for non appearance of the Counsel for appellant.

2.

For the reasons stated in the application, the application is allowed.

3 7 cao 1361-2023 3.

The Registry is directed to register the Second Appeal on its original stamp number, subject to costs as directed above in Civil Application No.1361/2023.

4.

Application stands disposed of accordingly.

JUDGE R.S. Sahare