1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5259/2010 Dyaneshwar Ramdas Potpalliwar (Dead) Through L.Rs. - Smt. Yogita D. Potpalliwar and others -vs- Mrs. Shakinabano Sheikh Ayyub and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Adv. Shri Bargat for petitioner. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 23, 2010. Heard Advocate Shri Bargat. The District Judge-1, Pandharkawada (Kelapur) has refused restoration of regular civil appeal by rejecting application under Order 41 Rule 19 of Civil Procedure Code on the ground of fraudulent conduct on the part of petitioner-appellant before it. Facts mentioned in paragraph 9 clearly show that on one hand appeal was allowed to be dismissed in default and steps were taken to have it restored and on the other hand by circuitous manner, the property was disposed of. Advocate Shri Bargat is relying upon Division Bench judgment of Hon’ble Apex Court reported in AIR 1981 Supreme Court 1400 (Rafiq and another -vs- Munshilal and another) where the Hon’ble Apex Court has 2 interfered when appeal was dismissed because of default on part of counsel. In present case said judgment has no application. I do not find any jurisdictional error or perversity in the approach of District Judge-1, Pandharkawada (Kelapur). Petition is therefore rejected. JUDGE Khunte