Bhikaji Babu Thukrul And Another v. Gangadhar Shankar Thukrul(D/H) And Others

: 1 : 1096 CAS 1266-14 in SA 5066-14 & CAS 1268-14.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1266 OF 2014 IN SECOND APPEAL (St.) NO. 5066 OF 2014 Along with CIVIL APPLICATION NO. 1268 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.S.R.Agarkar i/b Mr.A.B.Kadam, for Applicants in both C.A / Appellants.

Mr.Abhay Patki, for Respondent Nos.2 & 3.

CORAM: N.M. JAMDAR, J.

Saturday, 02 April 2016.

P.C.:

Notices have been issued in this Civil Application for condonation of delay. Office remark show that since the Applicants did not take any steps to serve some of the Respondents, the Application is abated against those Respondents. The Civil Application seeks to condone delay of 156 days in filing the

: 2 : 1096 CAS 1266-14 in SA 5066-14 & CAS 1268-14.doc Second Appeal. Perused the Application. Sufficient reason is made out. Application is allowed in terms of prayer clause (a).

Place the Appeal on board as per its C.M.I.S date after office objections are removed. It is made clear that the argument of the learned counsel for Respondent Nos.2 and 3 as regards abatement of the Appeal in respect of the concerned Respondents is kept open.

(N.M.Jamdar, J.)