Sanjay Narayan Honrao And ANR v. Malan Madhukar Sagare And Others

47-cas1840-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1840 OF 2015 IN SECOND APPEAL NO.379 OF 2015 Sanjay N. Honrao & Anr.

...Applicants V/s.

Malan M. Sagare & Ors.

...Respondents

Mr.Mahindra Deshmukh for the Applicants.

None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 4TH DECEMBER, 2015.

P.C. :- 1.

By this application the applicants seek restoration of the second appeal which was dismissed for non-prosecution by an order dated 17th October, 2015. Learned counsel for the applicants states that the applicants would not seek unnecessary adjournment when the matter is placed on board in future.

2.

A perusal of the civil application indicates that the applicants have explained the reason for not remaining present when the matter was called out on 1st September, 2014 and 17th October, 2014.

3.

For the reasons recorded in the civil application, the civil 1/2

47-cas1840-15 application is made absolute in terms of prayer clauses (a) and (b) on the condition that the applicants shall not seek unnecessary adjournment before this Court when the second appeal is placed on board for admission.

4.

Second Appeal No.379 of 2015 along with Civil Application No.841 of 2014 are restored to file. No order as to costs. 5.

Place this second appeal on board for admission with civil application on 14th January, 2016.

(R.D. DHANUKA, J.) 2/2