Shri. Vilas Shantaram Ghole And ANR. v. Shree Jangli Maharaj Devesthan Trust Through Its Pres.Trustees Shri.Rajendra Sharad Tambekar And Or

2025:BHC-AS:13878 16ia6521-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6521 OF 2025 IN FIRST APPEAL NO.1184 OF 2015 Vilas Shantaram Ghole and Anr.

... Applicants.

Versus

Shree Jangli Maharaj Devesthan Trust Through Its Pres.Trustees Rajendra Sharad Tambekar and Ors.

... Respondents.

----- Mr. Ajay A. Joshi for the Applicants.

Ms. Manisha Jagtap i/by J. Shekar & Co. for Respondent No.1,2,4,5 & 7. Mr. Vilas Tapkir for Respondent No.3.

----- Coram : Sharmila U. Deshmukh, J.

Date : March 25, 2025 P. C. :

1.

Interim Application has been preferred seeking recall of the order dated 12th July, 2023 which was a conditional order directing filing of the private paper book within a period of one year, failing which, Appeal to stand dismissed without further reference to the Court.

2.

Learned counsel appearing for the Applicants submits that it was due to default on part of office of the Advocate that private paper book could not be filed within a period of one year which has resulted into conditional order coming into effect. 3.

Learned counsel appearing for the Respondents does not seriously oppose the Application.

sa_mandawgad 1 of

16ia6521-25 4.

For the reasons stated in the Application, Application is allowed. First Appeal is restored to file subject to filing of private paper book within a period of eight weeks.

[Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 26/03/2025 14:36:02