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Bombay High CourtIA/1380/2022disposed off

Ram Niranjan Saraf And ANR v. Ram Babu Chandrama Rai And ORS.

2023-01-31Hon'Ble Shri Justice Amit Borkar2 pages

8-ia1659-2019.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1659 OF 2019 IN FIRST APPEAL NO.581 OF 2014 WITH INTERIM APPLICATION NO.1380 OF 2022 IN FIRST APPEAL NO.581 OF 2014 Ram Niranjan Saraf & Anr.

... Applicants V/s.

Ram Babu Chandrama Rai & Ors.

... Respondents WITH INTERIM APPLICATION NO.2607 OF 2022 IN FIRST APPEAL NO.581 OF 2014 Bharat Ghanshyamlal Joshi ... Applicant V/s.

Sharadadevi Ramniranjan Saraf & Ors.

... Respondents Ms. Shrutika Lakhan i/by Bharat Joshi for the appellants.

Mr. Chandrakant Chavan for the respondent Nos.3 to 6.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 31, 2023 P.C.:

INTERIM APPLICATION NO.1380 OF 2022

8-ia1659-2019.doc 1.

The applicants are seeking two prayers: one, to delete the appellant No.1; and second, to expedite hearing of the present appeal.

2.

In view of filing of subsequent application to bring the heirs and legal representative of the deceased appellant No.1 on record, prayer (a) in the application need not be considered. 3.

In so far as prayer (b) is concerned, first appeals of the year 1999 are pending, therefore, at this stage it is not possible to fix the first appeal for hearing.

4.

The interim application stands disposed of. No costs. INTERIM APPLICATION NO.2607 OF 2022 1.

The application has been filed to bring the heirs and legal representatives of the deceased appellant No.1 on record. 2.

Considering the reasons stated therein, the interim application is allowed in terms of prayer clause (a) and (b). 3.

Necessary amendment to be carried out within four (4) weeks from today.

INTERIM APPLICATION NO.1659 OF 2019 Stand over to 14th February, 2023.

(AMIT BORKAR, J.)