Shri Bhausaheb Jagu Autade And ANR v. Shri Ramu Jijaba @ Jiju Autade And ORS

kvm 1/2 6-CAS1074.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1074 OF 2018 IN SECOND APPEAL NO. 457 OF 1996 Bhausaheb Jagu Autade & Anr.

..... Applicants

IN THE MATTER BETWEEN

Bhausaheb Jagu Autade & Anr.

..... Appellants

VERSUS

Ranu Jijaba alias Jiju Autade & Anr.

..... Respondents Mr.Suryajeet P. Chavan for the Applicants.

CORAM :

R.D. DHANUKA, J.

DATE :

16th OCTOBER, 2019 P.C.

A perusal of the record indicates that the respondents are served pursuant to the order dated 29th March,2019. None appeared for the respondents when the matter was called out. No affidavit in reply is filed.

2.

By this civil application, the applicants seek condonation of delay of 16 years and 97 days in filing civil application and seeks recall of the order 15th March,2002 passed by this court thereby dismissing the second appeal for non-compliance of the conditional order of filing paper-book.

3.

Heard learned counsel for the applicants. I have perused the averments made in the civil application. The applicants have made out

kvm 2/2 6-CAS1074.18 a case for reliefs as prayed.

4.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clauses (a) and (b). 5.

Second Appeal No.457 of 1996 is restored to file. 6.

Time to file paper-book is extended by eight weeks from today. 7.

Civil application is made absolute in the aforesaid terms. No order as to costs.

[R.D.DHANUKA, J.]