Mahadev Narayan Raut Deceased v. Abbas Alamsha Kazi Deceased

77-IA-1872-2023.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2023.03.01 19:59:25 +0530 INTERIM APPLICATION NO.1872 OF 2023 ARJUN VITTHAL KUDHEKAR IN SECOND APPEAL (ST) NO.5172 OF 2023 Mahadev Narayan Raut ...Applicants (Since deceased through legal heirs) 1A) Suman Mahadev Raut & Ors.

V/s.

Abbas Alamsha Kazi

...Respondents

(Since deceased through legal heirs) 1A) Smt. Jaibunissa Mard Abbas Kazi & Ors.

Mr. Ketan Joshi, for the Appellant in SA(St)/5172/2023 and for the Applicants in IA/1872/2023.

Mr. G. S. Godbole, Senior Advocate, i/b Nikhil Wadikar, for Respondent Nos.1C & 2 to 5.

Mr. Prathamesh Bhargude, for Respondent Nos. 2A-1 to 3E. Ms. S. V. Sonawane a/w Vishnu Sonawane & Satish Muley, for Respondent Nos.1D-1 to 8.

Mr. Sarthak Diwan i/b R. M. Momin, for Respondent Nos. 11A to 11D.

CORAM : MADHAV J. JAMDAR, J.

DATE : 27th FEBRUARY, 2023 P.C.:

1.

This Interim Application is taken out as there is delay in filing Second Appeal.

2.

Mr. Godbole, learned senior counsel appearing for the

77-IA-1872-2023.doc Respondent Nos. 1C & 2 to 5 and also Mr. Satish Muley, learned counsel appearing for Respondent Nos.1D-1 to 8 strongly oppose the Interim Application.

3.

However, there are sufficient reasons set out in the Interim Application and, therefore, the same is allowed in terms of prayer clause (b).

4.

The Interim Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)