1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned Counsel appearing for the parties.
2 cra.121.24-J.odt
2. The applicant has challenged the order dated 27.03.2024
passed by 5th Jt. Civil Judge Senior Division, Akola thereby allowing the
application filed by the non-applicants for restoration of the Civil Suit.
3. The facts in brief are as under :
The non-applicants have filed a civil suit for specific
performance of contract and alternatively for refund of earnest money.
Special Civil Suit No.2/2020 was pending before the Trial Court for
evidence. As the non-applicants failed to lead the evidence, on
14.10.2022, the Trial Court has adjourned the matter as a last chance,
otherwise, the matter would be disposed of for want of prosecution. On
19.10.2022, the non-applicants failed to appear and lead the evidence.
