Single judge allowed application for restoration of dismissed appeal against respondents 1 and 4 by condoning delay and recalling dismissal order directed private service of notice.
Order of dismissal recalled; appeal restored against respondents 1 and 4 with liberty to serve notice privately and by court process.
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1 ca-5120-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
53 CIVIL APPLICATION NO. 5120 OF 2015
IN FAST/950/2012
LAXMIBAI DILEEP DHEKALE ANDO RS VERSUS VILAS NATHU GAIKWAD AND ORS
Advocate for Applicants : Mr. Madhav M. Bhokarikar Advocate for Respondent No. 3 : Mr. P.P. Bafna (Absent) Advocate for Respondent No 6 : Mr. S.V. Kulkarni
CORAM : K.K. SONAWANE, J.
DATED : 21st AUGUST, 2017.
Order :-
2 The applicants moved present application seeking restoration of appeal against respondents No. 1 and 4, which came to be dismissed for want of prosecution. There is delay in filing the application for recalling the order of dismissal passed against respondents No. 1 and 4. The learned counsel for respondent No. 6 fairly conceded that the suitable order may be passed in the interest of justice.
2 ca-5120-15
[ K. K. SONAWANE ]
JUDGE
MTK
1 issue framed by the court
Whether delay in filing application for recalling the order of dismissal of appeal can be condoned in the interest of justice?
LAXMIBAI DILEEP DHEKALE AND ORS
VILAS NATHU GAIKWAD AND ORS
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
