Krushnaji Vishwanath Hinge (Since Deceased Thr. L/H.) 1a Smt. Kusum Krishnaji Hinge v. Rajkumar Ramchandra Sandbhor

Rane sr.no.85

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application in SA NO. 1141 OF 2016 IN Second Appeal (ST) NO. 17271 OF 2012 WITH Civil Application in SA NO. 1142 OF 2016 IN Second Appeal (ST) NO. 17271 OF 2012 Krushnaji Vishwanath Hinge (since Deceased Thr. L/h.) 1a] Smt. Kusum Krishnaji Hinge and Ors.

...Applicants

Versus

Rajkumar Ramchandra Sandbhor and Ors.

...Respondents

Mr. Akshay Deshmukh i/by. Mr. Uday Warunjikar, Advocate for the Applicants/Appellants in both C.A.s Mr. U.B. Nighot, Advocate for Respondents no.3 and 5. CORAM: N.M. JAMDAR, J DATED:

21st April, 2017 PC:- .

Heard Learned Counsel for the parties.

2.

Perused the Application. The delay in filing the Second Appeal is of 89

days. Sufficient cause is made out. Though, the Affidavit-in-reply is filed opposing the Civil Application, it is primarily based on the contention that the Civil Application is dismissed and has not been restored. However, the stand is not noticing the order dated 15 July, 2016. Accordingly, the Civil Application is allowed in terms of prayer clause (a). As far as prayer clause (b) is concerned, the Applicant will take out separate Application. (N.M. JAMDAR,J.)