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Bombay High CourtFA/811/2019dismissed for noncomplying conditional order

Mr. Kundlik Sakharam Ubale (Since Deceased)Through His Legal Heirs 1-A)Smt.Sushila K. Ubale And ORS v. The Maharasthra Housins And Area Development Authority And ORS.

2019-07-03Hon'Ble Shri Justice K.K. Tated3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.811/2019 Kundalik S. Ubale & Ors.

.... Applicants.

Vs.

MHADA & Ors.

... Respondents.

Advocate Mr. Rustom Pardiwala I/b Advocate Sulendra Faro for appellants.

Advocate Ms. S.A. Naik I/b PD Pise for respondent nos. 5, 7, 8 to 10.

Advocate Mrs. Sharmila Deshmukh for respondent nos. 1 and 2.

CORAM

: K.K.TATED, J.

DATED : JULY 3, 2019.

P.C.

Heard learned counsel for parties.

2.

By this first appeal, appellants are challenging judgment and decree dated 30.11.2018 passed by Bombay City civil Court, Bombay in Suit no.738/2009 dismissing plaintiff's suit for declaration and possession of suit property.

3.

Considering the submissions made by learned advocate for appellants, and impugned judgment and decree Chitra Sonawane 1

I am satisfied that, appellants have made out case for following order.

a) Admit b) Printing dispensed with c) Appellants are directed to file private paper book within one year from today, with copy to other side failing which the First Appeal shall stand dismissed without further reference to the court.

d) Mrs.Sharmila Deshmukh waives service for respondent nos.1 and 2 and Ms. S.A. Naik for respondent nos. 5, 7, 8 to 10.

(K.K.TATED, J.) Chitra Sonawane 2

Chitra Sonawane 3