1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 700/2007 Madhusudan s/o Wasudeorao Ghuee ..vs.. Vilas Murlidhar Ghuee ------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ CORAM: R. V. MORE, J. DATED : 13 th February, 2008 1. Heard Mr. Chaube, learned counsel for the petitioner and Mr. Ambilwade, learned counsel for the respondent. 2. The present petition takes exception to the order dated 16.07.2005 passed by 6th Ad hoc Additional District Judge, Nagpur below Exh.-1 in Regular Civil Appeal No. 46/1997. By this order, the petitioner's appeal came to be dismissed for want of prosecution. 3. Mr. Ambilwade, learned counsel for the respondent invited my attention to the provisions of Order 41 Rule 19 of the Code of Civil procedure and submitted that the remedy of the petitioner is to file application for restoration of appeal. He further submitted that once the petitioner's Regular Civil Appeal No. 46/1997 is restored, thereafter, the petitioner can insist for hearing of the petitioner's application at Exh.-36 for leading additional evidence. 4. In that view of the matter, I dispose of the petition 2 by passing following order. (i) The petitioner is at liberty to file application for restoration of his Regular Civil Appeal No. 46/1997. (ii) If the petitioner filed application for restoration of the aforesaid appeal within a period of four weeks from today, in that case the lower appellate Court shall decide his application as expeditiously as possible and in any event within a period of four weeks thereafter. (iii) If the petitioner's application for restoration is allowed and Regular Civil Appeal No. 46/1997 is restored to file, in that case, the petitioner is entitled to insist for hearing of his application at Exh.-36 in the aforesaid appeal. (iv) The appellate Court will decide this application afresh in accordance with law. (v) Needless to mention that the petitioner is entitled to claim benefit under Section 14 of the Limitation Act while preferring application for restoration of appeal. (vi) The writ petition stands disposed of accordingly. JUDGE kahale