Shri. Sanjeevkumar Prasad And Another v. Tarabai Wd/O Munnalal Hasore(Hasoriaya) Dead Thr Her Legal Heirs Sham Mohanlal Hasore

1 9-MCA-1077-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION (MCA) NO. 1077 OF 2024 IN SECOND APPEAL NO. 431 OF 2023 SHRI SANJEEVKUMAR PRASAD AND ANOTHER Vrs.

TARABAI WD/O MUNNALAL HASORE (HASORIAYA) (DECEASED) THROUGH HER LEGAL HEIRS AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. S. Nagpure, Advocate for applicants/appellants. Shri S. S. Sitani, Advocate for respondents.

CORAM: ROHIT W. JOSHI, J.

DATE : 16/04/2025.

1.

Second Appeal No.431/2023 was dismissed for want of prosecution vide order dated 02/12/2024. 2.

This application for restoration of second appeal is filed immediately on the next date i.e. on 03/12/2024. It is stated in the application that the matter could not be marked by the learned advocate for the appellants and therefore, he could not appear on 02/12/2024 when the matter was listed and called out.

3.

Having regard to the explanation offered, the civil application is allowed. The order dated 02/12/2024 dismissing the appeal in default is set aside and appeal is restored to file. 4.

List the appeal for hearing on admission on 22/04/2025.

[ROHIT W. JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 21/04/2025 11:35:30