Shri Chintaman Kanha Patil v. Smt. Anusaya Jagannath Patil

883.15­cas FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.883/2015 IN SECOND APPEAL NO.603/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mrs. Snehal Marathe i/b. Sanskar Marathe for the Applicant CORAM : K. K. TATED, J.

DATE : AUGUST 31, 2015 P.C.:

1.

Heard. This Application is for restoration of the present appeal which was dismissed for want of prosecution by order dated 04/01/2013.

2.

It is to be noted that when the Second Appeal appeared on board for hearing on 26/07/2012, 27/07/2012, 10/08/2012, 03/01/2013 and 04/01/2013, none appeared for the Appellant. Hence, the matter was dismissed for want of prosecution.

3.

Considering these facts, the Applicant is directed to deposit cost of Rs.7500/­ in the Registry of this court for being paid to the Respondent. Basavraj G Patil 1/2

883.15­cas 4.

Considering the submissions made by the learned counsel for the Applicant, following order is passed:

a.

Rule.

Rule made returnable after 12 weeks.

b.

In addition to usual mode of service, applicant is permitted to serve respondents by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

c.

The Applicant is directed to deposit cost of Rs.7500/­ in the Registry of this court, within 6 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court, for being paid to the Respondent.

JUDGE Basavraj G Patil 2/2