Mr. Prakash Baburao Tupe v. Shri Balkrishna Dnyanoba Tupe And Others

1 45 CAS1724-14 in SAst12393-14 w CAS1484 & 1485-16 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1724 OF 2014 in SECOND APPEAL (Stamp) No. 12393 OF 2014 with CIVIL APPLICATION NO. 1484 OF 2016 (For deleting name of deceased Resp. no.5) and CIVIL APPLICATION NO. 1485 OF 2016 (For amendment in Cause title) Mr.Prakash Baburao Tupe.

.. Applicant / Appellant.

Vs Shri Balkrushna Dnyanoba Tupe & ors. .. Respondents. Mr.Drupad Patil, for the Applicant in all Civil Applications and the Appellant.

Mr.J.S.Yadav i/b Vilas Tapkir, for Respondent Nos.6 & 7. Coram : N.M.Jamdar, J.

Date : 7 April 2017.

P.C. :

Heard learned counsel for the parties. Delay in filing the Second Appeal is of forty eight days. Sufficient cause is made out in the Civil Application. No reply is filed. Civil Application No.1724 of 2014 is allowed in terms of prayer clause (A). The affect of dismissal of the Civil Application as against some of the Respondents is kept open to be considered in the Appeal. Place the Appeal on board, as per its C.M.I.S date .

(N.M.Jamdar, J.)