Chandrebhan Shrawanji Belpande (Dead) Thr. Lrs. Gunwantrao S/O Chandrabhan Balpande And Others v. Jagorao Bajirao Belpande (Dead) Thr. Lrs. Shri Sahebrao Jagoji Balpande And Another
8-MCA-227-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
MISC. CIVIL APPLICATION NO. 227 OF 2024 IN SECOND APPEAL NO. 78 OF 2005 (Chandrabhan s/o Shrawan Balpande (since dead) through LRs Vs. Jagorao Bajirao Balpande & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar'
s Orders.
Shri H.M. Bobade, Counsel for the applicants/appellants. .....
CORAM : ANIL L. PANSARE, J.
MARCH 11, 2024.
The applicants are seeking restoration of appeal. The learned Counsel submits that he will attend the matter diligently.
2] On the basis of assurance given and for the reasons set out in the application, the same is allowed. Second Appeal No. 78/2005 is restored on file. SECOND APPEAL NO. 78/2005 3] The learned Counsel for the appellants submits that execution proceedings are pending before the Civil Judge, Junior Division, Narkhed and steps are likely to be taken tomorrow. He made a request to stay the execution proceedings. He was given option to argue the appeal today itself to which he said that he is not prepared.
4] The appeal is of the year 2005. Perusal of order dated 28/11/2023, by which the appeal came to be dismissed, would reveal that despite giving opportunities, none appeared for the appellants.
8-MCA-227-2024 5] Thus, the appellants are not diligent in prosecuting their own cause. Today also, the learned Counsel is not prepared.
6] In the circumstances, I feel it not appropriate to stay the execution proceedings. 7] At the request of the learned Counsel for the appellants, stand over to 26/3/2024 with a clear understanding that no more adjournment will be granted. 8] Copy of this order be served upon the learned trial Court.
(ANIL L. PANSARE, J.) Sumit