B. P. Rajamma (Dead) By Lr vs. P. Neelaveni (Dead)
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Sandeep Mehta
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Delay Condoned and matter dismissed(including all pending IAs) [IAs allowed, Restoration allowed, MA Disposed off]
Listed On:
5 Feb 2024
In:
Chamber
Category:
UNKNOWN
Interlocutory Applications:
132566/2021,134962/2021,134963/2021,139920/2021,268168/2023,268169/2023,268170/2023,
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Order Text
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ITEM NO.1713 COURT NO.10 SECTION IV-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION…………………………………... Diary No. 24780/2021
SMT. B. P. RAJAMMA (DEAD) BY LR. Petitioner(s)
VERSUS
SMT. P. NEELAVENI (DEAD) Respondent(s)
(Application for restoration is to be listed before the Hon'ble Judge-in-Chamber. IA No. 268170/2023 - APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT IA No. 134962/2021 - APPLICATION FOR SUBSTITUTION IA No. 268168/2023 - APPLICATION FOR SUBSTITUTION IA No. 139920/2021 - CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION IA No. 134963/2021 - CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. IA No. 132566/2021 - RESTORATION IA No. 268169/2023 - SETTING ASIDE AN ABATEMENT) Date : 02-05-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANDEEP MEHTA [IN CHAMBERS]
For Petitioner(s) Mr. Shanthkumar V. Mahale, Adv. Mr. Rajesh Mahale, AOR Ms. Mrinal Pande, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Delay in filing substitution applications,
setting aside abatement are condoned.
IA No. 134962/2021 seeking substitution and to bring on record the Lrs. of the deceased sole respondent and IA No.268168/2023 seeking substitution
and to bring on record the Lrs. of deceased sole appellant are allowed.
IA No. 268169/2023 seeking setting aside abatement is allowed.
The connected civil appeal was dismissed for non prosecution vide order dated 04.11.2019. Now, application seeking restoration has been moved with the prayer for condonation of delay in filing the restoration application.
On going through the materials available on record, I am satisfied that the absence of the appellant through their counsel was because of sufficient cause.
The applications being IA No. 139920/2021 and IA No. 132566/2021 seeking condonation of delay in filing restoration application and restoration of the civil appeal are allowed.
The Civil Appeal No. 5752 of 2009 shall be restored to its original file and number.
Accordingly, present miscellaneous application is disposed of.
Office to proceed accordingly.
(SNEHA DAS) (POOJA SHARMA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
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