Vasant Gangaram Pedamkar v. Harishchandra Gangaram Pedamkar (Decesed) Thr. L.R.S 1a)A.A. Dalvi Nee A.H.Pedamkar And ANR.

34-ia3240-2022 in fa1085-2010.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3240 OF 2022 IN FIRST APPEAL NO.1085 OF 2010 Digitally signed by ATUL GANESH KULKARNI Date:

2023.02.14 10:46:49 +0530 ATUL GANESH KULKARNI Vasant Gangaram Pedamkar ... Applicant V/s.

Harishchandra Gangaram Pedamkar, (deceased), through L.R.s 1A) A.A.

Dalvi nee A.H. Pedamkar & Anr.

... Respondents Mr. M.S. Menon for the applicant.

Mr. Rajesh Jain with Mr. Rohit Jain and Ms. Neha Doshi i/by Legal Juris for the respondents.

CORAM :AMIT BORKAR, J.

DATED :FEBRUARY 13, 2023 P.C.:

1.

The applicant has filed present interim application seeking restoration of the first appeal which was dismissed for nonprosecution. The interim application has been opposed by the respondents mainly on the ground that pendency of this first appeal is taken benefit of by the applicant by submitting before the Trial Court in another proceedings that pendency of the present first appeal precludes the Court from proceeding with another proceedings.

2.

For the reasons stated therein, the interim application is allowed in terms of prayer clause (a).

34-ia3240-2022 in fa1085-2010.doc 3.

However, it is made clear that pendency of present first appeal shall not preclude the Trial Court from proceeding on merits in Suit No.2872 of 2006.

4.

The interim application is disposed of accordingly. No costs. (AMIT BORKAR, J.)