Nandkishore S/O Hemraj Khandelwal v. Chandrakalabai Wd/O Kisanrao Marodkar And Others

905-MCA-1479-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO.1479 OF 2017 IN M.C.A.NO.1398 OF 2017 IN SECOND APPEAL NO.364 OF 2017 Nandkishore s/o Hemraj Khandelwal, At and post Amravati. -vsChandrakalabai wd/o Kisanrao Marodkar and ors. ------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri K. P. Kanugo, Advocate for applicant/appellant. Shri N. S. Deshpande, Advocate for respondent No.1. CORAM : A.S.CHANDURKAR, J.

DATE : February 16, 2018.

Prayer is to restore the miscellaneous civil application which was filed for restoration of the second appeal.

Though the prayer is opposed, considering the reasons mentioned, the miscellaneous application is allowed and disposed of. M.C.A. No.1398/2017 is restored to file.

MISC. CIVIL APPLICATION NO. 1398 OF 2017 Prayer as made is for recalling the order dated 08/11/2017 dismissing the second appeal in default. It is submitted by the learned counsel for the non-applicant that appeal was dismissed due to absence of the counsel on two occasions.

Considering the averments made in the application, the prayer as made is granted. M.C.A. is allowed and disposed of. SECOND APPEAL NO.364 OF 2017 Put up for admission on 26/02/2018.

Asmita JUDGE