Dilipkumar Ravjibhai Mistry v. Shri R.S. Dwivedi

k 1/2 29 ia 13353.23 in ao as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13353 OF 2023 IN APPEAL FROM ORDER NO.827 OF 2012 Ravji Vishram Mistry deceased through LRs Kantaben Ravjibhai Mistry & Ors.

....Appellants/Applicants V/S R.S. Dwivedi & Ors.

....Respondents WITH INTERIM APPLICATION NO.13355 OF 2023 IN APPEAL FROM ORDER NO.828 OF 2012 Mohanlal Hirji Bhavsar, abated Jethalal Velji, Abated Kanverben Thakersey deceased, through L.Rs.

Pradeep Thakersey & Ors.

....Appellants/Applicants V/S R.S. Dwivedi & Ors.

....Respondents WITH INTERIM APPLICATION NO.13340 OF 2023 IN APPEAL FROM ORDER NO.829 OF 2012 Nandaram Okarji Desad deceased, through L.Rs.

Jankibai Nandram Desad & Ors.

Deceased through L.Rs.

Smt. Shantidevi Manhor Nandram Desad & Ors.

....Appellants/Applicants V/S R.S. Dwivedi & Ors.

....Respondents ...

katkam 1/2

k 2/2 29 ia 13353.23 in ao as.doc Ms. Poonam Madhwani with Ms. Anjali Devkar for the Appellants/Applicants in all IAs.

Mr. Pradip J. Thorat for Respondent Nos.1, 3 and 5 in all IAs. ...

CORAM: SANDEEP V. MARNE, J.

DATE : DECEMBER 01, 2023.

P.C.:

These Interim Applications are filed for recall of order dated 10 February 2023 by which the Appeals are dismissed for want of prosecution.

It appears that the Appeals are filed challenging the order passed by the City Civil Court returning the Plaint for want of jurisdiction. Considering the nature of order passed by the City Civil Court, the Appeals are required to be restored. Accordingly, the Interim Applications are allowed.

Appeals are restored. List the Appeals on 23 January 2024. (SANDEEP V. MARNE, J.) katkam 2/2