Shri Bhagwant Dagadu Chambhar (Kadam) D/Hairs v. 1. Sou. Tarabai @ Hirabai Nivrutti Sonawane And ORS

Chittewan 1/2

38. CAS 972-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.972 OF 2013 IN SECOND APPEAL NO.371 OF 2013 Shri Bhagwant Dagadu Chambhar (Kadam) since deceased through his L Rs.

1/a. Dilip Bhagwant Chambhar (Kadam) And Another ...

Applicants

Versus

Sou. Tarabai @ Hirabai Nivrutti Sonawane And Others ...

Respondents .....

Mr. Chintan Shah i/b Sandesh Patil for the Applicants. Mr. Ashok Dhabugade for Respondent Nos.1, 8(a) to 8(f). .....

CORAM : S.C.GUPTE, J.

DATE : 8 MARCH 2017 P.C. :

.

The second appeal is already admitted. There is an ad-interim order operating since 2013 in favour of the Appellants. There is a case of continuing that ad-interim order pending the hearing and final disposal of the second appeal. Considering, however, that the impugned decree is a decree of partition in favour of Respondent No.1 (original Plaintiff), who is about 75 years of age, there is a case for expeditious hearing of the second appeal. The second appeal is, accordingly, expedited and shall come up on board for hearing in the week commencing from 10 April 2017.

Chittewan 2/2

38. CAS 972-13.doc The ad-interim order shall continue to operate during the pendency of the Second Appeal.

The civil application is disposed of accordingly. (S.C. GUPTE, J.)