Ambadas S/O Khanduji Doifode v. Shankarrao S/O Champatrao Thakre (Dead) Through Lrs. Smt. Vimal Wd/O Shankarra Thakre And Others

1 cao530.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.530 OF 2018 AND MISC. CIVIL APPLICATION (ST.) NO.25370 OF 2017 I N SECOND APPEAL NO.

OF (AMBADAS KHANDUJI DOIFODE....VS.. SHANKARRAO CHAMPATRAO THAKRE (DEAD) THR. LRS. & OTH.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shri S.U.Nemade, Advocate for Applicant.

CORAM : A NIL S. KILOR , J.

DATED : DECEMBER 02 , 20 .

1.

Heard learned counsel for the applicant. None for the non-applicants, though served.

2.

This is an application for condonation of delay in filing the application for restoration of second appeal. 3.

The learned counsel for the applicant has stated that when he was hospitalized for a long period, during the said period the matter was dismissed in default and thereafter also it took many months to get back to the work and therefore, he was not knowing about dismissal of the appeal. However, immediately after getting the knowledge the application is moved, however, there is delay and therefore, this application.

2 cao530.18 4.

This application is pending since 2018 and though the respondents are served, nobody has filed reply opposing the application.

5.

In view of the fact that sufficient cause has been shown by the applicant, moreover, there is no opposition to the application, the application is allowed and disposed of accordingly.

MISC.CIVIL APPLN.ST.NO. 25370/2017 For the reasons stated in the application, the application is allowed.

The Second Appeal be restored to its original number and be place the same before Court for final hearing in regular course.

The Misc. Civil Application stands disposed of accordingly.

JUDGE RRaut..