Smt. Prabhavati Shantaram Kadam And ORS v. Smt. Kalpana Kisan Jadhav

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2025.09.23 16:31:47 +0530 PRACHI PRANESH NANDIWADEKAR INTERIM APPLICATION NO.3375 OF 2025 IN FIRST APPEAL NO.1293 OF 2013 WITH FIRST APPEAL NO.1293 OF 2013 Prabhavati Shantaram Kadam & Ors.

....Applicants V/s.

Kalpana Kisan Jadhav ....Respondent ---- Mr. A. S. Kapse for the applicants.

Mr. Rajesh B. Parab for the respondent.

---- CORAM : JITENDRA JAIN, J.

DATED : 22 September 2025 P.C. :

1.

Although there is no prayer for condonation of delay and there is a note on the cause list that the application for restoration is filed within stipulated period, learned counsel for the original plaintiff states that there is delay of 5 to 6 days.

2.

I have considered the objection and assuming there is a delay, it is a minor delay of 5 to 6 days and therefore, no prejudice will be caused if the delay is condoned.

3.

The interim application is taken out for restoration of the appeal which was dismissed for non-prosecution. On reading of paragraphs 8 to 10 of the application, I being satisfied and the order dismissing the appeal for non-prosecution is recalled and the appeal is restored to file.

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Interim application is disposed of.

5.

List this matter in due course.

(JITENDRA JAIN, J.)