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Bombay High CourtCAF/2692/2016rule made absolute

Dr. Chandrakant Gangaram Kolte And ANR v. Shri Ganpat Baban Shinde (Gurav) And ORS

2017-06-09Hon'Ble Shri Justice G.S. Patel2 pages

904-CAF2692-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2692 OF 2016 IN FIRST APPEAL NO. 242 OF 2013 WITH FIRST APPEAL NO. 242 OF 2013 AND CIVIL APPLICATION NO. 858 OF 2013 IN FIRST APPEAL NO. 242 OF 2013 Dr Chandrakant Gangaram Kolte & Anr ...Appellants

Versus

Ganpat Baban Shinde (Gurav) & Ors

...Respondents

Mrs Kavita P Shinde, i/b AB Tajane, for the Applicants/ Appellants.

None for the Respondents.

CORAM: G.S. PATEL, J DATED:

9th June 2017 PC:- 1.

The First Appeal was dismissed on 18th March 2015 by an order of the Registrar (Judicial-II). There is a delay of five months in filing the present Civil Application for restoration. 9th June 2017

904-CAF2692-16.DOC 2.

The Respondents are served by publication. None appears for the Respondents.

3.

The Civil Application is made absolute in terms of prayer clauses (a) and (b). First Appeal No. 242 of 2013 and Civil Application No. 858 of 2013 are restored to file. 4.

In fairness it is pointed out that the valuation of the First Appeal is below Rs 1 crore. The First Appeal is transferred to the Pune District Court. It will be listed for directions before that Court on 12th July 2017.

(G. S. PATEL, J) 9th June 2017