Shri. Vijaysingrao Madhavrao Patwardhan v. Shri. Kishor Prabhakar Patwardhan And ORS.

caf-4268-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO.4268 OF 2018 IN FIRST APPEAL NO. 305 OF 2016 Shri Vijaysingh M. Patwardhan ..

Applicant.

v/s.

Shri Kishor P. Patwardhan & Others ..

Respondents.

Mr. Umesh R. Mankapure, for the Applicant.

Mr. G. S. Godbole with Mr. S.S. Diwan i/b. Mr. Akshay P. Shinde, for Respondent Nos. 1 to 5.

CORAM: A.S.OKA & M.S.SANKLECHA, JJ.

DATE : 18th MARCH, 2019.

P.C:­ Heard the learned Counsel for the Applicant. The learned Counsel for the Respondents contends that some of the reasons set out in the application are totally incorrect. Substantive first appeal preferred by the Applicant has been dismissed as his Advocate could not remain present. However, we are restoring the application only on the ground that, on the date on which the Appeal was dismissed for non­prosecution, the Advocate for the Applicant was absent.

Accordingly, we pass the following order:­ (i) Application is allowed in terms of prayer clauses (a) and (b). S.R.JOSHI

(ii) Place the First Appeal under the caption 'for fresh admission' on 3rd April, 2019.

(iii) Civil Application disposed of.

(M.S.SANKLECHA,J.) (A.S.OKA,J.) S.R.JOSHI