Bombay High CourtCAS/644/2015allowed

Sarjerao Yashwant Bhise (Thro. Poa Shri. Harshal Sarjerao Bhise) v. Rajaram Anna Bhise

2015-10-06Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.644 OF 2015 IN SECOND APPEAL NO.279 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Kalpesh R. Mandlik i/b Mr.Vikas Kolekar for the applicant Mr.R.S.Kate for the respondent

CORAM

: K.K.TATED, J.

DATED : 06/10/2015 PC:

Heard the learned counsel for the parties.

This application is for restoration of Second Appeal No.279 of 2013 with Civil Application No.798 of 2013 which was dismissed for non prosecution on 5.11.2014.

Considering the submissions made by the learned counsel for the Applicant and the reasons disclosed in paragraph 4, 5 and 6 of the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. At the same time, applicant has to pay cost of Rs.5,000/ to the respondent or their advocate within two weeks from today. Hence, following order:

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a) Order dated 5.11.2014 passed by this court is recalled.

b) Second Appeal No.279 of 2013 with Civil Application No.798 of 2013 is restored on file for hearing on its own merits.

c) Applicant either to pay to the respondent or deposit in the Registry, cost of Rs.5,000/ within two weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

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