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Bombay High CourtCAF/12/2018allowed

Bhagwantrao Bhaiyyaji Jane Wardha And 13 Others. v. Vishwanathrao Yadaorao Mohod Wardha And 11 Others.

2021-01-18Hon'Ble Smt. Justice Anuja Prabhudessai1 pages

fa.77.02 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.7 of 2018 and Civil Application [CAF] No.12 of 2018 in First Appeal No.77 of 2002 Bhagwantrao s/o Bhaiyyaji Jane (deleted) Shri Narsingrao s/o Mahadeorao Landge & others vs.

Vaishwanathrao Yadaorao Mohod & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.L. Khapre, Senior Advocate for the Appellants.

CORAM

: SMT. ANUJA PRABHUDESSAI, J.

DATE : 18 th JANUARY, 2021.

The appellants have filed this application for restoration of appeal as against respondent Nos.7, 10 & 11 along with the application for condonation of delay with prayer to condone the delay of 528 days in filing the restoration application.

02] In view of the reasons stated in paragraphs 3, 4 & 5, the delay in filing the application for restoration is condoned. The appellants have made sufficient grounds for restoring the appeal against respondent Nos.7, 10 & 11.

03] Hence, both the applications are allowed. Delay is condoned. The appeal is restored as against respondent Nos.7, 10 & 11. The appellants to take steps to serve respondent Nos.7, 10 & 11 by publication.

JUDGE *sandesh