Pratap Ganpatrao Mane (D/H) And ORS v. 1. Shri Dnyaneshwar Ganpatrao Mane And ORS

Dusane 1/2 cas40.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 40 OF 2017 IN SECOND APPEAL NO.690 OF 2013 WITH CIVIL APPLICATION NO.85 OF 2014 Shri. Pratap Ganpatrao Mane ....

Applicants (since deceased) thru LRs Sau. Shashikala Vijay Karve & Ors.

Vs.

Shri. Dnyaneshwar Ganpatrao Mane ....

Respondents (since deceased) through legal heirs Smt. Krishnabai Dnyaneshwar Mane & Ors.

Mr. P.M. Arjunwadkar, Advocate for the Applicants and the Appellant.

Mr. R.P. Hakepatil i/by S.P. Kadam, for Respondent nos. 1-A to 1-F. Coram : N.M. Jamdar, J.

Date : 11 April, 2017

Dusane 2/2 cas40.2017.doc P.C. :

Not on board. Taken on board by way of praecipe. It appears that the Second Appeal which is admitted on 12 December 2013, was dismissed for non-prosecution, since the paper-book was not filed in time. Thereafter, the Respondent no.1 expired and now the heirs of Respondent no.1 have been brought on record. Though there cannot be any justifiable excuse in not filing the paper-book in time, but since the learned counsel for the Applicants has tendered an unconditional apology and has stated that paper-book is now ready, for fault of the Advocate, the parties should not suffer the Civil Application is allowed in terms of prayer clauses (a) and (b). The Second Appeal stands restored to file. As far as the interim relief is concerned, the partition proceedings to go on, however, physical possession be not taken till disposal of the Second Appeal.

(N.M. Jamdar, J)