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Bombay High CourtCAS/1336/2015allowed

Dilip Annaso Parve And Others v. Ashok Annaso Parve And Others

2016-10-18Hon'Ble Shri Justice R.D. Dhanuka2 pages

YBG 901-cas1336-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1336 OF 2015 IN CIVIL APPLICATION NO.1131 OF 2014 AND CIVIL APPLICATION NO.1132 OF 2014 IN SECOND APPEAL (ST) NO.20674 OF 2014 Dilip Annaso Parve & Ors.

.. Appellants -VersusAshok Annaso Parve & Ors.

..Respondents Mr. B.G.Ligade i/b. Drupad Patil for appellants Mr. Sachin Payade i/b. Girish Agrawal for respondent Nos. 4 to 13.

CORAM

:

R.D.DHANUKA, J.

DATE :

18th October 2016.

P.C.

1] The matter is placed on board for speaking to the minutes of the order dated 30th September 2016. By the present civil application, the applicants are seeking to bring the heirs of respondent No.4 in the second appeal on record. By the Civil Application No.1131 of 2014 for condonation of delay in filing second appeal and Civil application No.1132 of 2014 the applicants prays for stay of the impugned judgement and decree dated 11th July 1994 passed by the Civil Judge, Junior Division, Karad in Regular Civil Suit No.414 of 1986.

YBG 901-cas1336-15 2] The learned Counsel for the applicant states that the heirs of respondent No.4 are already served. Instead of allowing the said civil application, this court has granted rule and made it returnable on 18th November 2016.

3] Learned Counsel appearing for respondent Nos. 4 to 13 has no objection if the civil application is allowed. Legal heirs of the respondent No.4 are also served. It is made clear that C.A.No.1336 of 2015 is allowed in terms of prayer clauses (a) to (d). Amendments to be carried out forthwith. Amended copy of the second appeal be served upon the respondents along with newly added respondents within one week from today. No costs.

(R.D.DHANUKA, J)