Application for condonation of delay dismissed as non-surviving. Court ruled that failure to comply with conditional order to publish a notice led to dismissal of the underlying First Appeal Stamp; consequently, the present application is disposed off.
Application for condonation of delay disposed off; no relief granted.
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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 742 OF 2012 IN FIRST APPEAL (ST) NO. 3615 OF 2022 (Rejected Case No. 1587 of 2016)
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CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II) DATE : 05/06/2023
As per Court’s Conditional Order dt. 27/03/2015 passed in Civil Application No. 3590 of 2014 (for Restoration) is allowed on condition that the applicant to take steps for publication of the notice on Respondent No. 4 within 12 weeks, but the Advocate for the appllicant has not taken any steps for publication of the notice on Respondent No. 4, hence, First Appeal Stamp stand dismissed without referring to the Court, therefore Rejected Case Number given to First Appeal Stamp. Hence, this Civil Application No. 742 of 2012 (for ‘Condonation of Delay’) does not survive and disposed off.
Sd/REGISTRAR (JUDL-II)
1 issue framed by the court
Whether the Civil Application for condonation of delay survives when statutory conditions for restoration of a First Appeal were not fulfilled?
Applicant
Respondent No. 4
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
