Allowed

Moreshwar @ Harishchandra S/O Tulshiram Ambilkar v. Shardabai Madhav Rangari and Others

Bombay HC2 Nov 2023CAO/1361/2023

Case brief

AI extract

What is this about?

The High Court at Nagpur allowed an application for condonation of a 71-day delay in filing a restoration petition of a dismissed second appeal, imposing costs of Rs.1000/- due to lack of due diligence by the counsel. The application was disposed of by directing the registry to restore the appeal.

What did the court decide?

Condonation of 71 days delay in filing restoration application; registration of second appeal on original stamp number.

Moreshwar @ Harishchandra S/O Tulshiram… — Civil Procedure and Limitation | Bombay HC (2023)

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1 7 cao 1361-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CIVIL APPLICATION (CAO) NO.1361/2023 IN MISC. CIVIL APPLICATION ST. NO. 21665/2023 IN SECOND APPEAL NO.186/2023 (D)

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Moreshwar @ Harishchandra s/o Tulshiram Ambilkar

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Vs.

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Shardabai Madhav Rangari and others

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Shri S.A. Bramhe, Advocate for appellant

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 02/11/2023

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The application is filed for condonation of delay of 71 days in filing application for restoration of Second Appeal. It is submitted that matter was listed on 17/07/2023 before this Court and came to be disposed of due to non appearance of the Counsel. It is submitted that inadvertently on 17/07/2023, when the matter was listed, it was not marked from the cause list and same could not be attended. The dismissal of the appeal came to the notice on 26/10/2023. It is submitted that there

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2 7 cao 1361-2023

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are no deliberate or intentional delay in filing application.

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The application is supported by affidavit of Advocate.

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As such, I am inclined to allow the application, subject to costs of Rs.1000/-, as Advocate has not shown due diligence. Accordingly, the application is allowed.

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The delay in filing restoration application is hereby condoned subject to costs of Rs.1000/- to be paid to the Vidarbha Lady Lawyers Association, Nagpur within a period of two weeks.

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The Registry is directed to register the Misc. Civil Application.

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The application stands disposed of accordingly.

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MISC. CIVIL APPLICATION ST. NO.21665/2023

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The present application is filed for restoration of second appeal which was dismissed on 17/07/2023 for non appearance of the Counsel for appellant.

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For the reasons stated in the application, the application is allowed.

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3 7 cao 1361-2023

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The Registry is directed to register the Second Appeal on its original stamp number, subject to costs as directed above in Civil Application No.1361/2023.

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Application stands disposed of accordingly.

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JUDGE

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R.S. Sahare

Moreshwar @ Harishchandra S/O Tulshiram Ambilkar v. Shardabai Madhav Rangari and Others

Case brief

What is this about?

What did the court decide?

Moreshwar @ Harishchandra S/O Tulshiram Ambilkar v. Shardabai Madhav Rangari and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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