Mr. Rameshchandra Badriprasad Khandelwal v. Smt. Rajuladevi Dwarkaprasad Khandelwal And ORS.

9-caf998-2017 in fast23232-2016.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.998 OF 2017 IN FIRST APPEAL (ST.) NO.23232 OF 2016 WITH CIVIL APPLICATION NO.999 OF 2017 Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.25 10:27:15 +0530 ATUL GANESH KULKARNI Rameshchandra Badriprasad Khandelwal ... Applicant V/s.

Rajuladevi Dwarkaprasad Khandelwal & Ors.

... Respondents Mr. Rushil Mehta for the applicant/appellant. Ms. Nupur J. Mukherjee i/by M/s. N.N. Vaishnawa & Co., for respondent nos.2, 3, 4 & 8.

CORAM :AMIT BORKAR, J.

DATED :JANUARY 24, 2023 P.C.:

CIVIL APPLICATION NO.998 OF 2017 1.

The civil application seeks condonation of 165 days' delay in filing the appeal.

2.

For the reasons stated in paragraphs 5 and 6, delay in filing the appeal is condoned.

3.

The civil application stands disposed of. No costs.

9-caf998-2017 in fast23232-2016.doc FIRST APPEAL (ST.) NO.23232 OF 2016:

4.

The suit of the appellant has been dismissed by the learned City Civil Court. Prima facie the claim is based on Will. In paragraph 23, the Trial Court has recorded a finding that the suit property is not part of the Will.

5.

Learned advocate for the appellant, therefore, seeks time to prepare himself. Stand over to 7th February 2023. To be listed under the caption 'for final disposal'

.

6.

In the meantime, appellant shall serve copy of appeal compilation on the learned advocate for the respondents. (AMIT BORKAR, J.)