IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION NO. /2022

IN

CRIMINAL APPLICATION (APPR) NO.129/2019

(Dismissed in default by order dated 06-09-2021)

APPLICANT : Harshvardhan Deorao Nagarkar

Aged- 48 yrs, Occ- Private Job
R/o B-26, Prakruthi Niwas,
Annaram Village, District- Medak
Telangna State.

VERSUS

RESPONDENT : 1. Smt. Shantabai wd/o Suryabhan Wahane

Aged about 58 yrs, Occ- Agriculturist
R/o Bhatpura Katol, District- Nagpur
2. Smt Sheela w/o Shalikram Gajbhiye
Aged about 53 yrs, Occ- Agriculturist
R/o Ladgaon, Tahsil- Katol, District- Nagpur
3. Smt. Lila w/o Bhauraoji Paripnagar
Aged about 40 yrs, Occ- Agriculturist
R/o Totladoh, Tahsil- Parshioni,
District- Nagpur
4. Smt. Laxmi w/o Ravindra Gajbhiye
Aged about 37 yrs, Occ- Agriculturist
R/o Katol, District- Nagpur
5. Ku.Sharda d/o Suryabhan Wahane
Aged about 36 yrs, Occ- Agriculturist
R/o Katol, District- Nagpur

6. Ku.Sangeeta d/o Suryabhan Wahane

 Aged about 33 yrs, Occ- Agriculturist

R/o Bhatpura Katol, District- Nagpur

APPLICATION FOR RESTORATION OF SECOND APPEAL

The applicants most humbly and respectfully submit as under :-

1. The applicants have filed the instant second appeal

challenging the Judgment and Decree dated 06.07.2010
delivered by the District judge-15, Nagpur in R.C.A.
No.212/2005. The appeal is filed on various substantial
questions of law as stated in the memorandum of appeal.
This Hon’ble Court has admitted the instant second appeal
by its order dated 04/07/2012.

2. It is submitted that the instant Second Appeal was listed on

the Board of Final Hearing before this Hon’ble Court at
serial no.224, in the monthly final hearing board dated
19/08/2019. It is submitted that on 20/08/2019 the matter
was called out in second half, however, the matter remained
unattended at that time since the counsel for the applicant
was held up in another matter. It needs to be stated here that
the counsel for applicants was ready for final hearing,
however because of his absence when the matter was called
out, the matter is dismissed in default with costs of
Rs.3000/- by order dated 20/08/2019.

3. It is submitted that the applicants have very good case on

merits and they want to contest the matter on merits. The
applicants are ready to deposit the costs of Rs.3000/- as per
the order dated 20/08/2019. The applicants would suffer
serious losses if the present Second Appeal is not restored
by this Hon’ble Court. Therefore in the interest of justice the
instant Second Appeal needs to be restored.
Nagpur APPLICANTS

Date :

SOLEMN AFFIRMATION

I, Shri Dhanraj S/o Ramaji Ridhorkar, Aged about yrs, Occ-

Agriculturist, Aged : yrs, R/o Ladgaon Tahsil- Katol, District –
Nagpur, the applicant no.1 for himself and on behalf of applicant no.2
do hereby take an oath and state on solemn affirmation that, the
present application has been drafted by our counsel as per our
instructions. The contents thereof have been read over to me and
explained to me in vernacular which I have understood. I say that, the
contents of the above application in paras 1 to 3 are true to my
personal knowledge, information and belief.

Hence, verified and signed on this th

day of 2019

I know and identify

the deponent, DEPONENT

ADVOCATE