Bombay High CourtCAS/377/2016allowed

Sou. Suvarna Raghunath Patil And ANR v. Shri. Bhalchandra Dhondiram Nidhorikar And ORS.

2017-01-09Hon'Ble Shri Justice S.C. Gupte2 pages

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28. SA 659-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.659 OF 2015 WITH CIVIL APPLICATION NO.1395 OF 2015 WITH CIVIL APPLICATION NO.375 OF 2016 WITH CIVIL APPLICATION NO.377 OF 2016 Suvarna Raghunath Patil And Others ...

Appellants

Versus

Bhalchandra Dhondiram Nidhorikar And Others ...

Respondents WITH SECOND APPEAL NO.420 OF 2015 Anil Dhondiram Nidhorikar And Others ...

Appellants

Versus

Bhalchandra Dhondiram Nidhorikar ...

Respondent .....

Mr. N.N. Wadikar i/b Mr. Nandu Pawar for the Appellants in SA/659/2015 and for Respondent Nos.5 and 6 in SA/420/2015. Mr. P.M. Arjunwadkar for Respondent Nos.1 to 5 and 11 to 14 in SA/659/2015 and Respondent Nos.1 to 5 and 7 to 11 in SA/420/2015. Mr. G.T. Kanchanpurkar for Respondent Nos.7 to 10 in SA/659/2015 and for Appellants in SA/420/2015.

.....

CORAM : S.C.GUPTE, J.

DATE : 9 JANUARY 2017 P.C. :

Civil Application No.375 of 2016 is for bringing on record legal heirs of deceased Respondent 12, whereas, Civil Application No.377 of 2016 is for bringing on record heirs of deceased Respondent No.6. Both these Civil

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28. SA 659-15.doc Applications are within time. The same are allowed in terms of prayer clause (c) of the applications. The amendments are to be carried out within two weeks from today. The applications are disposed of accordingly. The newly added Respondents be served with the notice of Second Appeals and Civil Application No.1395 of 2015. The Appellants in Second Appeal No.420 of 2015 are permitted to carry out the amendments to their appeal as ordered by this Court in terms of the order dated 4 December 2015 within two weeks from today. The Appellants are also permitted to effect private service on the newly added Respondents and file an affidavit of service by the next date. The Second Appeals alongwith Civil Application No.1395 of 2015 to come up for admission and order on 6 February 2017. (S.C.GUPTE, J.)