Mr. Dhondu Vithu Kharade (D/H) Mrs. Sushila Shankar Bhuvad And ORS v. Balaram Babu Kherade (Since Decd.Thr.Lrs)Ramesh Balaram Kherade And ORS

34-IA-760-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 760 OF 2023 IN SECOND APPEAL (ST) NO. 31353 OF 2014 Dhondu Vithu Kherade through Legal Heirs and Ors.

... Applicants vs.

Balaram Babu Kherade Since deceased through legal heirs and Ors.

... Respondents Mr. Vinay Bhate for the Applicants.

CORAM : GAURI GODSE, J.

DATED : 5th JULY 2024 ORDER:

1.

Since soft copy of the interim application was not accessible, learned counsel for the applicant tendered hard copy of the application, which is taken on record.

2.

This application is filed for restoration of second appeal after more than ten years.

3.

The registration of the second appeal was refused for noncompliance of the conditional order dated 7th March 2014 passed by the learned Registrar (Judicial-II) of this Court.

34-IA-760-2023.doc 4.

The application is bereft of any explanation as to the date of knowledge of dismissal of the second appeal. Vague allegations are made against the earlier Advocate in the application. 5.

I do not find that the reasons given for delay condonation to be genuine. There is no sufficient explanation for the delay caused in filing the present application. Even, no justifiable explanation is given for not complying with the conditional order dated 7th March 2014.

6.

Office remark indicates that the papers of the proceedings are also destroyed. The application is devoid on any merit. Hence, the Application is dismissed.

Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2024.07.18 12:13:12 +0530 MANGALTAI JAYWANT JADHAV (GAURI GODSE, J.)