1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 1018 of 2009 IN Misc. Civil Application [Resto.] St. No. 16211 of 2009 IN Letters Patent Appeal No. 200 of 2008 IN Writ Petition No.4765 of 2004 [decided] [Arun R. Kandekar Vs. Dilip R. Kandekar & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N.G. Jetha, Adv., for the applicant. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 25th November, 2009. 1. Heard. 2. Accepting the reasons stated in the application towards delay caused in filing Misc. Civil Application for restoration, and reasons towards absence assigned in the Misc. Civil Application for restoration when the Letters Patent Appeal was dismissed, both applications are allowed . 3. No costs. Judge Judge |Hedau| 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Letters Patent Appeal No. 200 of 2008 IN Writ Petition No.4765 of 2004 [decided] [Arun R. Kandekar Vs. Dilip R. Kandekar & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. N.G. Jetha, Adv., for the applicant. ----- CORAM : A.H. JOSHI AND A.R. JOSHI, JJ. DATE : 25th November, 2009. 1. In this Letters Patent Appeal, the order passed by learned Single Judge in Writ Petition No. 4765 of 2004 is challenged. 2. Heard. 3. The observation contained in the order passed by the Single Judge, namely:- Perusal of the impugned order would reveal that the learned appellate Court has found that the decree has been passed on the admission of present petitioner in the written statement. ..... , is not shown or disputed to be factually incorrect. 4. We see that the decree is based on 3 admission, proof whereof was not required. 5. On this sole ground, present Letters Patent Appeal is devoid of merit, and is dismissed. Judge Judge |Hedau|