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Bombay High CourtCAS/1275/2015allowed

Shri. Sitaram Anand Dumbre (Since Deceased Thr. Legal Heirs) v. Shri. Govind Nivruti Dumbre

2015-10-23Hon'Ble Shri Justice K.K. Tated2 pages

902 cas 1275-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1275 OF 2015 IN SECOND APPEAL NO. 109 OF 2005 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Tejesh Dande i/b Tejesh Dande & Asso. for the applicant.

Mr. S. N. Chandrachud for the respondent no.4. CORAM : K. K. TATED, J.

DATED : 23/10/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is for fixing early date of hearing of Second Appeal no. 109 of 2002 on the ground that applicant is Senior Citizen and she is not keeping well.

Office note shows that Second Appeal is not ready for want of paper book and printing.

The learned counsel for the applicant submits that applicant is ready and willing to file private paper book within four weeks from today. The statement is recorded.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Sneha Chavan 1/2

902 cas 1275-15=.doc Applicant has made out a case for allowing the present Civil Application.

Hence, following order:

a) Applicant to file private paper book within four weeks from today, failing which the Civil Application shall stand dismissed with cost of Rs.5000/-.

b) If private paper book is filed within stipulated time as stated hereinabove, final hearing of Second Appeal no. 109 of 2005 is expedited. c) Printing is dispensed with.

d) If private paper book is filed within stipulated time as stated hereinabove, office is directed to place Second Appeal no. 109 of 2005 for final hearing in weekly board as per its turn in Senior Citizen list.

e) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2