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Bombay High CourtCAO/495/2020delay condonatedrejected

Madhukar Shriramji Kadukar v. Namdevrao Mahadevrao Kadukar, Thr. Lrs. Smt. Sulochana Namdeo Kadukar And Others

2020-12-17Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1712cao495.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 495 OF 2019 IN MISC. CIVIL APPLICATION NO. 25798 OF 2019 IN SECOND APPEAL ST. NO. 13872 OF 2019 (REJECTED SECOND APPEAL NO. 726 OF 2019) (Madhukar Shriramji Kadukar vs. Namdeorao Mahadeorao Kadukar (dead thr. LRs) Smt. Sulochana Namdeo Kadukar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Anand S. Deshpande, Advocate for the applicant. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 17, 2020.

Heard Shri Deshpande, learned counsel for the applicant.

2.

Civil Application No. 495 of 2019 filed by the applicant for condonation of delay in filing application for restoration of Second Appeal, which was dismissed in default for non-removal of office objection, is allowed. Delay of 64 days in filing the application is condoned.

3.

MCA ST. No. 25798 of 2019 is filed for restoration of Second Appeal, which was dismissed for non-removal of office objection. Now, it is stated

1712cao495.19 that all the office objections have been removed. Hence, the order of dismissal dated 26.09.2019 is recalled. Second Appeal be restored to file.

SECOND APPEAL ST. NO. 13872 OF 2019 (REJECTED SECOND APPEAL NO. 726 OF 2019) Heard.

Issue notice before admission to the respondents, returnable after four weeks.

JUDGE *GS.