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Bombay High CourtCAO/1317/2025allowed

Shri Debashish S/O Prabhat Choudhary v. Sudhakar Vinayakarao Ingole And ANR

2025-12-10Hon'Ble Shri Justice Pravin S. Patil2 pages

17 cao 1317-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.1317/2025 IN MISC. CIVIL APPLICATION ST. NO.27241/2025 IN FIRST APPEAL NO.602/2010 (D) Debashish Prabhat Chowdhury Vs.

Sudhakar Vinayakrao Ingole and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri D.P. Chowdhury, present in-person CORAM : PRAVIN S. PATIL, J.

DATE : 10.12.2025 Heard.

2.

In the present matter, the appellant appeared inperson. The perusal of the record shows that this Court on 18.09.2025, discharged Advocate Shri Pimpalkhute appearing on behalf of the appellant. As the present applicant was interested to prosecute the present appeal inperson. 3.

Accordingly, he was referred to the Committee to verify whether he is eligible to prosecute the present appeal in-person. After the report of the Committee, the appellant was permitted to prosecute proceedings in-person. 4.

After the report of the Committee, this matter was listed before this Court on 06.10.2025, 10.10.2025,

17 cao 1317-2025.odt 13.10.2025, the appellant did not appear in the matter. Therefore, this Court was constrained to dismiss the appeal for want of prosecution.

5.

After dismissal of the appeal, the application is moved for restoration of the appeal along with an application for condonation of delay.

6.

The applicant raised a grievance that he was not informed the dates by the office, therefore, he was unable to attend the proceedings. Such reason is not permissible because it is not expected that this Court will communicate each and every date to the appellant. It is for the appellant to be vigilant and attend the proceeding before this Court. 7.

Today, the appellant undertakes to this Court that he will attend the proceedings, if the appeal is restored by this Court.

8.

In view of this factual position and the statement of the applicant, issue notice to the respondents, returnable on 13.01.2026.

9.

The applicant is permitted to serve the respondents by all permissible modes of service in addition to the regular mode of service.

(PRAVIN S. PATIL J.) R.S. Sahare Signed by: Mrs. Ranjana Sahare Designation: PA To Honourable Judge Date: 10/12/2025 19:06:38