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Bombay High CourtIA/19378/2022disposed off

Smt. Chabutai Kallappa Hounje And ORS v. Shri. Balgonda Jingona Patil And ANR

2023-11-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

17_ia_19378_2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.19378 OF 2022 IN SECOND APPEAL NO.339 OF 2014 Smt. Chabutai Kallappa Hounje ...Applicant In the matter between

1. Smt. Chabutai Kallappa Hounje and Ors.

...Appellants

Versus

Balgonda Jingonda Patil and Ors.

...Respondents

....

Mr. Ajit M. Savagave for the Applicant.

Mr. Shriniwas S. Patwardhan for the Respondents. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 4th NOVEMBER, 2023.

P.C.:- 1.

The Applicant seeks restoration of the appeal, which was dismissed for non-compliance of conditional order dated 08/09/2015. 2.

A perusal of the said order reveals that the appeal was admitted and the Appellant was directed to file private paper book within one year. The Appellant was put to notice that on failure to file Digitally signed by MEGHA SHREEDHAR PARAB Date:

2023.11.08 10:20:43 +0530 the paperbook appeal would stand dismissed without further reference MEGHA SHREEDHAR PARAB Megha 1/2

17_ia_19378_2022 to the Court. The Appellant failed to file the paperbook within the stipulated time and the appeal came to be dismissed. 3.

Learned counsel for the Appellant states that paperbook is ready and shall be filed in the registry within the period of four weeks. In the light of the said statement and in view of the reasons stated in the application, the delay is condoned. The appeal stands restored. 4.

Interim application Nos.577 of 2022 and 579 of 2022 stand restored to file.

5.

Interim application No.19378 of 2022 stands disposed of. (SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2