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Bombay High CourtIA/10858/2025disposed off

Mr. Manohar Sambhaji Shinde v. Mr. Hitesh Satish Bihani And ANR.

2025-08-07Hon'Ble Shri Justice Shivkumar Dige1 pages

Shubhada S Kadam 908-ia-10858-2025-restoration.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10858 of 2025 in FIRST APPEAL NO. 509 OF 2019 Manohar Sambhaji Shinde Applicant

Versus

Hitesh Satish Bihani and anr.

Respondents Ms. Sulajja Patil i/b. Mr. Uday Nighot, Advocate for the Applicant. CORAM : SHIVKUMAR DIGE, J.

DATE : 7th AUGUST, 2025.

PC :

1.

Heard learned counsel for the applicant/appellant. 2.

By this application, the applicant is seeking restoration of the appeal.

3.

Considering the submissions of learned counsel applicant and reasons mentioned in the application, the order dated 19th September 2024 passed by this Court is quashed and set-aside.The delay of 3 years and 260 days for filing the application is condoned. The application is allowed in terms of prayer clauses (a) and (c) and disposed of. 3.

The appeal is restored to. The applicant to take necessary steps within four weeks.

4.

It is made clear that the applicant shall not be entitled for interest on compensation amount in the event the applicant succeeds in the appeal.

(SHIVKUMAR DIGE, J.) SHUBHADA SHANKAR KADAM 1/1 SHUBHADA SHANKAR KADAM Date: 2025.08.08 17:29:26 +0530