Sou.Shobha Sahebrao Halwar v. Sou.Nandabai Bhaskar Korde And Others

Sr.34.SA.988.2019.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 988 OF 2019 IN SECOND APPEAL NO. 18138 OF 2018 Sou. Shobha Sahebrao Halwar ...Applicant/ Appellant V/s.

Sou. Nandabai Bhaskar Korde & Ors.

...Respondents

Mr. Manish Khadakban a/w Arun Kumar Patil, for the Applicant/Appellant.

Mr. R. S. Alange i/b M.N. Sandhyanshiv, for Respondent Nos. 1 & 2.

CORAM : MADHAV J. JAMDAR, J.

DATE : 6th JANUARY, 2023 P.C.:

1.

Heard Mr.

Manish Khadakban, learned counsel appearing for the Applicant and Mr. Alange, learned counsel appearing for Respondent Nos. 1and 2.

2.

Respondent No. 4 is served. Respondent No. 3 is deceased. However, Respondent Nos. 1and 2 are the legal heirs of Respondent No. 3.

3.

There is delay of about 3 years and 54 days in fling the

Sr.34.SA.988.2019.doc Second Appeal. Learned counsel appearing for the Respondents has strongly opposed the Civil Application. However, adequate reasons are given in paragraph nos. 5 and 8 of the Civil Application. Therefore, the Civil Application is allowed in terms of prayer clause (a).

4.

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

(MADHAV J. JAMDAR, J.)