Alka Pratap Gole And Others v. Sadashiv Bhiku Dabhade And Others

spb/ 904cas1084-18&1085-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1084 OF 2018 AND CIVIL APPLICATION NO. 1085 OF 2018 IN SECOND APPEAL (ST.) NO. 22419 OF 2018 Alka Pratap Gole & 2 Ors.

... Applicants.

In the matter between :

Alka Pratap Gole & 2 Ors.

... Appellants.

V/s.

Sadashiv Bhiku Dabhade & 20 Ors.

... Respondents.

--- Mr.Jaydeep Deo, Advocate for Applicants / Appellants. --- CORAM : A. M. DHAVALE, J.

DATE : SEPTEMBER 25, 2018.

PC :

Civil Application No.1084 of 2018 is filed for leave to file second appeal. The applicants are daughters of deceased Laxman Bhiku Dabhade and their names are shown at page 30 of second appeal paper books, as mentioned in the genealogy given in the judgment of the trial court. No share has been given to the applicants. They are aggrieved parties. Digitally signed by Shalikram Pralhadrao Borey Date:

2018.09.27 15:13:26 +0530 Shalikram Pralhadrao Borey Borey 1/2

spb/ 904cas1084-18&1085-18.odt Hence, permission is granted to them to file second appeal. Leave to file the second appeal is allowed, subject to the right to respondents to raise objections. Accordingly, the civil application no. 1084 of 2018 is allowed and stands disposed of.

As regards Civil Application No.1085 of 2018, issue notice to the Respondents, returnable after six weeks i.e. on 19.11.2018. Meanwhile, the execution of the decree shall be stayed only to the extent of actual delivery of possession, till the next date.

(A.M. DHAVALE,J.) .....

Borey 2/2