Krushnarao Daulatrao Tikkas And Another v. Riyaz Kahn Jahagir Khan And 2 Others

23.04.CAO.640.19+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O ) NO.640/2019 & MCA (ST) NO. 23588/2018 in FIRST APPEAL NO.311/2014 (Krushnarao Daulatrao Tikkas and another Vs. Riyax Khan Jahagir Khan and others ) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.P.R. Agrawal, Advocate for the appellants/applicants CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 23rd April, 2019.

This is an Application seeking condonation of delay in filing application for restoration of appeal. Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay is condoned. The Civil Application is allowed and disposed of.

MCA: 23588/2018:

This is an application for restoration of appeal under rule 12 of Chapter II of Bombay High Court Appellate Side Rules, 1960.

Learned Advocate for the applicants submits that since the paperbook was not filed within the stipulated period, the learned Registrar of this Court has dismissed the

23.04.CAO.640.19+ First Appeal No.311/2014. The learned counsel undertakes to file the private paperbook within a period of two weeks. In the interest of justice, the following order is passed:- The order of the Registrar is set aside. First Appeal No. 311/2014 is restored to file. MCA stands disposed of. FIRST APPEAL NO.311/2014 Issue notice of restoration of appeal to respondents, returnable after summer vacation,2019.

JUDGE Sahare