Palaniswamy Obuli Chetty v. Smt. Rangamma Soundappa Chetty And ANR.

51 fa405-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.405 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.M.D.Pokale for the appellant CORAM : K. K. TATED, J DATE : JULY 16, 2019 P.C.:

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Heard.

By this First Appeal, appellant is challenging judgment and award dated 5.12.2018 passed by Bombay City Civil Court at Bombay in Notice of Motion No.2866 of 2017 in Suit No.2121 of 2010 dismissing appellant original plaintiff's Suit as per Order II Rule 2 of the Code of Civil Procedure, 1908.

Considering the submissions made by the learned counsel for the appellant and the impugned judgment and award, I am satisfied that the Appellant has made out a case for following order:

Mohite 1/2

51 fa405-19.doc a. Admit.

b. The Appellant 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.

c. Printing dispensed with.

d. Call R & P.

(K.K.TATED, J.) Mohite 2/2