Pralhad Bhimrao Bhadake And 2 Others v. Raju Shamrao Bhadake And 3 Others

1 cao144.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.144 OF 2019 I N MISC. CIVIL APPLICATION ST. NO. 26819 OF 2018 IN SECOND APPEAL NO.233 OF 2014 (MAROTI BHIMRAO BHADAKE & OTH....VS.. RAJU SHAMRAO BHADAKE & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A.Babrekar, Advocate for Applicants.

Ms A. Sharma, Adv. h/f. Shri P.R.Agrawal, Adv. for Respondent No.1. CORAM : A NIL S. KILOR , J.

DATED : NOVEMBER 23 , 20 .

1.

This is an application for condonation of delay in filing application for restoration of second appeal. 2.

Heard.

3.

It is submitted by the learned counsel for the applicants that there is delay of 35 days and the same has been caused as some of the documents which were given for preparation of paper book were missing and therefore, paper book was not filed within six weeks i.e. time granted for filing the same by way of conditional order dated 02/12/2016.

4.

The learned counsel appearing for the nonapplicants has no serious objection if the present

2 cao144.19 application is allowed.

5.

Accordingly, the application is allowed. The delay caused in filing application for restoration of the second appeal is condoned.

The application stands disposed of accordingly. 6.

Office is directed to place this matter after two weeks, after registering the Misc. Civil Application for restoration of second appeal.

JUDGE RRaut..