Shri Parasharam Sakharam Dhumal And ANR v. Shamrao Mahadeo Dhumal (Since Deceased By Heirs)

CAS613_15.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.613 OF 2015 IN SECOND APPEAL NO.37 OF 1993 (Parsharam S. Dhumal and another Vs. Shamrao M. Dhumal (decd.) through heirs) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Ms Pratibha Shelke i/b. Mr. P. J. Thorat for Applicants. Mr. Sandeep Mahadik i/b. Mr. L. S. Gaikwad for Respondents No.1 to 7.

CORAM : R. G. KETKAR, J.

DATE : 10TH APRIL, 2015 P.C.:

Heard Ms Shelke, learned Counsel for applicants and Mr. Mahadik, learned Counsel for respondents No.1 to 7. 2.

This is an application for recalling the order dated 06.02.2015 by which Second Appeal was dismissed in default. Ms Shelke assures that after restoration of the Appeal, appellants will proceed with the matter on merits. Office remark shows that the Appeal stood abated against respondents No.9 and 10 as per the order dated 08.09.2011. 3.

In view of the assurance as also for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. Second Appeal No.37 of 1993 is restored to the file of this Court. (R. G. KETKAR, J.) 1/1 Minal Parab