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Bombay High CourtIA/7970/2023disposed off

Balu Maruti Lakade (Since Deceased Thr His Legal Heirs) v. 1. Dashrath Umaji Mane

2023-06-21Hon'Ble Shri Justice Madhav J. Jamdar2 pages

942-ia-7970-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SONALI MILIND PATIL Date:

2023.06.23 09:45:35 +0530 CIVIL APPELLATE JURISDICTION SONALI MILIND PATIL INTERIM APPLICATION NO. 7970 OF 2023 IN SECOND APPEAL NO. 43 OF 2015 Balu Maruti Lakade since deceased through legal heirs Smt. Tarabai Balu Lakade since deceased through legal heirs Vilas Balu Lakade & Ors.

...Applicants

Versus

Dashrath Umaji Mane & Ors.

...Respondents

Ms. Shradha K. Nakadi, i/b. Mr. Rupesh K. Bobade, for the Applicants. Ms. Seema S. Dighe, for Respondent Nos.3C, 3E, 3F, 3G, 3H, 3I, 3J & 7A. CORAM : MADHAV J. JAMDAR, J.

DATED : 21st JUNE 2023 P.C. :

1.

This Interim Application is taken out for setting aside order dated 21st June 2019 passed by learned Registrar- Judicial II. By said order, four weeks time was granted to take steps as regards service of Respondent Nos. 3B1 to 3B4, 3C. 3E to 3J, 6A, 6B & 7A, failing which the Second Appeal was directed to be dismissed as against the said Respondents.

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942-ia-7970-2023.doc Sonali 2.

Learned counsel appearing for the Applicants states that the Second Appeal is not yet admitted.

3.

Ms. Seema Dighe, learned counsel appearing for Respondent Nos. 3C, 3E, 3F, 3G, 3H, 3I, 3J & 7A strongly opposes the application. 4.

However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c). 5.

The Applicants to serve the said Respondents mentioned in order dated 21st June 2019 within a period of four weeks from today, if not already served.

6.

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

[MADHAV J. JAMDAR, J.] 2/2