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Bombay High CourtCAS/1189/2016allowed

Rahimatbi Abbas Mulani v. Mahadev Dashrath Nimbalkar (Thr. Poa Shri. Nagnath Pandharinath Nimbalkar ) And ORS.

2017-03-24Hon'Ble Shri Justice S.C. Gupte1 pages

sat cas 1189-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1189 OF 2016 IN SECOND APPEAL (ST) NO. 2842 OF 2016 Rahimatbi Abbas Mulani ...Applicant vs.

Mahadev Dashrath Nimbalkar & Ors.

...Respondents

Mr.Sandeep S. Salunkhe for Applicant.

CORAM : S.C. GUPTE, J.

24 MARCH 2017 P.C.:

The civil application seeks condonation of a delay of one year and 55 days in filing the present second appeal. The delay is sought to be explained in the civil application. The civil application has been duly served upon the Respondents. There is no reply on the part of the Respondents and none of the Respondents is present before the court, despite service. The civil application is allowed in terms of prayer clause (b). The office shall now number the second appeal, subject to removal of other office objections, if any, and place the same for admission on 17 April 2017. It is made clear that in case the Appellant desires to apply for adinterim relief in the second appeal, at least a private notice of the appeal must be served on the Respondents.

(S.C. GUPTE, J.) 1 / 1