Shakilabee Ayyubkha Pathan And ORS v. Kumar Shanu Meena Ranglal Meena

32 ca.13748.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

32 CIVIL APPLICATION NO. 13748 OF 2025 IN FAST/16392/2024 KUMAR SHANU MEENA RANGLAL MEENA

VERSUS

SHAKILABEE AYYUBKHA PATHAN AND ORS ...

Advocate for Applicant : Mr. Vikram Sahebrao Kadam. Advocate for Respondent : Ms. Vijayalaxmi Pathrikar, a/w Mr. A. G. Shinde, h/f Mr. Ravindra Vitthal Gore.

...

WITH CIVIL APPLICATION NO. 1086 OF 2025 IN FAST/16392/2024 SHAKILABEE AYYUBKHA PATHAN AND ORS

VERSUS

KUMAR SHANU MEENA RANGLAL MEENA ...

Advocate for Applicant : Ms. Vijayalaxmi Pathrikar, a/w Mr. A. G. Shinde, h/f Mr. Ravindra Vitthal Gore.

Advocate for Respondent : Mr. Vikram Sahebrao Kadam. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

15th December, 2025.

P.C.:

CIVIL APPLICATION NO. 13748 OF 2025 This is an application for restoration of the appeal, which was dismissed in default. There is a delay of 151 days caused in filing the present application.

Heard both the sides.

32 ca.13748.25.odt Perused the application.

The learned counsel for the respondent strongly opposed the application.

Considering the reasons stated in the application, it appears that the delay is not caused deliberately. Taking into account the peculiar set of facts of this case and the ultimate result that the lis shall be decided on merits, the application deserves to be allowed in the interest of justice. The application is allowed in terms of prayer clauses (B) and (C). The appeal be restored to its original position. Civil Application No.13748 of 2025 stands disposed of. Civil Application No.1086 of 2025 be listed for final hearing on 18th December, 2025.

[ SANJAY A. DESHMUKH, J. ] nga