Mangilal Nayansukh Khinvasara v. Smt. Jatanbai Chamapal Bora(Since Decd.Thr.Lrs) Inderchand Champalal Bora And ORS

11_ia_2327_2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2327 OF 2023 Digitally signed by MEGHA SHREEDHAR PARAB Date:

2023.10.16 13:41:32 +0530 WITH INTERIM APPLICATION NO.2328 OF 2023 MEGHA SHREEDHAR PARAB IN SECOND APPEAL NO.491 OF 2008 WITH SECOND APPEAL NO.491 OF 2008 Mangilal Nayansukh Khinvasara, since deceased through his legal heirs1-a) Smt. Kamla Mangilal Khivasara and Ors.

...Applicants

Versus

Smt. Jatanbai Champalal Bora since deceased through her heirs and Lrs.- 1-A) Inderchand Champalal Bora and Ors.

...Respondents

....

Mr. R.D. Soni with Mr. V.R. Kasle for the Applicants/Appellants. Mr. Malhar Pawar i/b Mr. Rajesh Katore for the Respondents. Mr. Ashish Gabhale with Mr. Swaraj Patil i/b. M/s. Ajay Misar and Co. for Respondent No.1B.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 10th OCTOBER, 2023.

P. C. :- INTERIM APPLICATION NO.2327 OF 2023:- 1.

By this application, the Applicants have sought to condone the delay of 59 days in bringing on record the legal representatives of Megha 1/2

11_ia_2327_2023.doc the deceased Appellant. Learned counsel for Respondents have no objection. The delay is condoned. Legal representatives of the deceased Appellant be brought on record. Cause title of the appeal be amended within one week.

2.

The application stands disposed of.

INTERIM APPLICATION NO.2328 OF 2023:- 3.

The Applicants have sought expeditious hearing of the second appeal.

4.

The second appeal is of the year 2008. Considering this fact as well as the grounds stated in the application, the application is allowed.

5.

The application stands disposed of.

SECOND APPEAL NO.491 OF 2008:- 6.

Second appeal be listed on final hearing board in the week commencing from 04/12/2023.

(SMT. ANUJA PRABHUDESSAI, J.) Megha 2/2