John Mathew David S/O Moses David And Others v. Michael S/O Samuel Morde And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Misc. Civil Application [Resto.] No. 27 of 2018 IN Second Appeal No. 600 of 2017 [Johan Mathew David Moses David & others Vs. Micchael Samuel Morde & two others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. R. K. Pillai, Adv., for the Applicants.

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CORAM

:

V. M. DESHPANDE, J.

DATE :

11th June, 2019 This is an application for restoration of Second Appeal which was dismissed for want of prosecution on 17th November, 2017.

Heard Shri R. K. Pillai, learned counsel for the Applicants, who has filed his personal affidavit explaining as to why when the matter was called out, he was absent. I am satisfied with the reasons stated in the personal affidavit of Advocate as to why he could not remain present when the matter was called out. Hence, the application is allowed. The order dated 17th November, 2017 dismissing the Second Appeal for want of prosecution is recalled. Second Appeal No. 600 of 2017 is restored to file.

Judge |hedau|