1. Muktabai W/O Madhavrao Konde (Deceased) And Others. v. 1. Shri Sunil Namdeo Pawale And ORS.

206.cra.666.08.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 666 OF 2008 WITH CIVIL REVISION APPLICATION NO. 122 OF 2008 Muktabai Madhavrao Konde & Ors.

...Applicants.

vs Sunil Namdeo Pawale & Ors.

...Respondents

.....

Mr U.B.Nighot for the Applicants in both matters. Mr Sandeep Pathak i/b S.B.Deshmukh for Respondent Nos.1 and 2 in CRA No.666 of 2008 .....

CORAM : N. M. JAMDAR J.

2 SEPTEMBER, 2016 P.C. :

On 29 April, 2015, the following order was passed by the learned Single Judge.

"1. The learned counsel for the applicants to satisfy this Court as to the maintainability of the CRA. This is because, the judgment and decree was originally made by the Civil Judge, Junior Division, Khed, in Regular Civil Suit No.176 of 1994, which was set aside by the District Judge in Regular Civil Appeal No.724 of 2001.

2.

In such circumstances, at least prima facie it appears that the proper remedy would be to institute a Second Appeal Pg 1 of 2

206.cra.666.08.doc and not a CRA under Section 115 of the CPC.

3.

The learned counsel for the applicants seeks some time to satisfy this Court that CRA is indeed a proper remedy in the facts and circumstances of the present case. In order to enable him to do so, stand over to 16 June 2016." When the applications were called out, learned advocate for the applicants state that in view of the decision of learned Single Judge in Shankar Bhure Vs. Seetadevi1, the second appeal would be maintainable and no contra position is shown by the learned advocate for the respondents.

In view of this position, leave sought by the learned advocate for the applicants to withdraw the Revision Applications to file Second Appeal will have to be granted. Accordingly, the Civil Revision Applications stand withdrawn with liberty as prayed. Considering, the manner in which the matter has proceeded, if the appeal is filed within a period of eight weeks from today, the condonation of delay in filing the appeal will favourably considered. ( N. M. JAMDAR J. ) 2006(2) Mh.L.J. 511 Pg 2 of 2