Sanjay Dasharath Gagre And ANR v. Nathu Rakhamaji Jangle And ANR

70ca14018.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 70 CIVIL APPLICATION NO. 14018 OF 2024 IN FA/2200/2024 WITH CIVIL APPLICATION NO. 1933 OF 2025 IN FA/2200/2024 NATHU RAKHAMAJI JANGLE

VERSUS

SANJAY DASHARATH GAGRE AND OTHERS ...

Advocate for Applicant : Ms. Vasundhara Patil h/f Ms. Sonawane Sunita G. Advocate for Respondent No. 2 : Mr. A.Y.Pandule H/F Mr. C. K. Shinde ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 17.02.2025 PER COURT :- 1.

Heard learned Advocate appearing for respective parties. Applicant seeks restoration of Civil Application No. 13516 of 2022 in Civil Application No.13517 of 2022 which has been dismissed for want of prosecution vide order dated 31.07.2024. Apparently it seems that while dismissing application vide order dated 31.07.2024 this Court observed consistent default on the part of applicant. Earlier also application was dismissed for default. It was restored vide order 04.12.2023. Second time it is again dismissed.

2.

This Court has specifically observed under order dated 31.07.2024 that in case application for restoration is moved, this Court will consider the same subject to heavy cost. In that view of the matter, for the reasons stated in the application Civil Application stands allowed in terms of prayer Clause (B), subject to condition that applicant pays cost of Rs. 10,000/- (Rs. Ten Thousand Only) to the respondents/ Claimants within a period of four weeks from today. Failure to deposit cost within stipulated period shall entail to restoration of order passed by this Court dated 31.07.2024.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/