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Bombay High CourtCAS/283/2016allowed

Ashok Kishan Borade And ORS. v. Sindhumati Hanumanth Chavan And ORS.

2016-02-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 10.cas-283.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.283 OF 2016 IN SECOND APPEAL (ST.) NO.24897 OF 2015 (Rejected Case No.454 of 2016) Ashok Kishan Borade & Ors.

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Applicants Vs.

Indubai Hanumant Chavan & Ors.

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Respondents --- Mr.A.S. Rao i/by Ms.Pratibha Borade for the applicants. Mr.Ashish Ghadge for the respondent no.1.

--- CORAM : R.D. DHANUKA, J.

DATE : 18th February 2016 P.C.

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By this civil application, the applicants seek restoration of the Second Appeal (St.) No.24897 of 2015 along with Civil Application No.1557 of 2015 and pray that the order dated 21st October 2015 passed by this Court be recalled. No affidavit-in-reply is filed. 2.

For the reasons recorded in the civil application, civil application is made absolute in terms of prayer clause (b). The order dated 21st October 2015 passed by this Court is recalled. Second Appeal (St.) No.24897 of 2015 along with Civil Application No.1557 of 2015 are restored to file.

3.

The applicants are directed to remove office objections raised by the office. Filing of the certified copy of the decree passed by the Lower Appellate Court and the grounds of appeal are dispensed with in view of the fact that the same are already filed in the companion

ppn 2 10.cas-283.16.doc appeal. The applicants are directed to remove all other office objections within two weeks from today.

4.

Civil application is disposed of in aforesaid terms. No order as to costs.

R.D. DHANUKA, J.