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Bombay High CourtCAF/4759/2016

Mr. Dhanaji Sopan Barve v. Mr. Sopan Laxman Bhujbal And ORS

2019-06-24Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.4759/2016 in First Appeal No.1070/2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Sachin B. Chandan for the Applicant Mr. P. G. Sarda for the Respondent

CORAM

: K.K.TATED, J.

DATED : JUNE 24, 2019 P.C.

Heard. By this Civil Application, the Applicant is seeking restoration of the First Appeal which stood dismissed in view of conditional order dated 09.12.2015 in C.A.No.2688/2014 for non filing private paper book on or before 29.02.2016.

The learned counsel for the Applicant submits that the paper book is ready. He undertakes to file the same within four weeks from today.

On the other hand, the learned counsel for the Respondent has vehemently opposed the Civil Application. He submits that this is a 1/3

second time that the matter came to be dismissed for non compliance of the order.

Considering the submissions made by the learned counsel for the Applicant and as the Applicant undertakes to file private paper book within four weeks form today, I am satisfied that the Applicant has made out a case for allowing the Civil Application, however, on payment of cost of Rs.2500/-.

Hence, following order is passed:

a.

The First Appeal is restored to file for hearing on merits.

b.

Time to comply with order dated 09.12.2015 passed by this court in Civil Application No.2688/2014 is extended till 31.07.2019.

c.

If the Applicant fails to file paper book within stipulated time as stated hereinabove, the First Appeal shall stand dismissed without further reference to the court.

d.

The Applicant to pay costs of Rs.2500/-.

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e.

Cost shall be paid to Kirtikar Law Library, High Court, Mumbai, on or before 19.07.2019 and place a receipt thereof on record, failing which the Civil Application shall stand dismissed without further reference to the court.

f.

No order as to costs.

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