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Bombay High CourtCAS/875/2016allowed

Shri Prabhakar Narayan Kandalkar v. 10 Shri Manohar Narayan Kandalkar And ORS.

2017-04-21Hon'Ble Shri Justice Nitin Jamdar2 pages

Rane (sr.110)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application in SA NO. 875 OF 2016 IN Second Appeal NO. 595 OF 2013 Shri Prabhakar Narayan Kandalkar ...Applicant

Versus

1 Shri Manohar Narayan Kandalkar And Ors.

...Respondents

Mr. Deval K. Anja, Advocate for the Applicant/Apellant. Mr. Abhay Parab, Advocate for the Applicant in CAS-1211-2016 and for Respondent no.1.

CORAM: N.M. JAMDAR, J DATED: 21st April, 2017 PC:- .

Perused the Application. There is a delay of 21 days in filing the Second Appeal. Sufficient cause is made out. The Civil Application is allowed in terms of prayer clauses (a) and (b). As far as prayer clause (d) is concerned, it is open for the Applicant to take out appropriate Civil Application.

(N.M. JAMDAR,J.)

Rane (sr.110)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application in SA NO. 1211 OF 2016 IN Second Appeal NO. 595 OF 2013 Shri Prabhakar Narayan Kandalkar ...Applicant

Versus

1 Shri Manohar Narayan Kandalkar And Ors.

...Respondents

Mr. Deval K. Anja, Advocate for the Applicant/Apellant. Mr. Abhay Parab, Advocate for the Applicant in CAS-1211-2016 and for Respondent no.1.

CORAM: N.M. JAMDAR, J.

DATED: 21st April, 2017 PC:- .

The learned Counsel for the Applicant seeks time to file additional affidavit giving the particulars of the repairs and including the plan of the Contractor or Architect that the applicant proposes to engage so that all particulars will be available to the Respondent. The additional Affidavit will also contain a specific statement of the Applicant that except what is stated therein, no other repairs will be carried out. (N.M. JAMDAR, J.)