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Bombay High CourtCAS/234/2015disposed off

Shri. Arvind Purushottam Chitroda v. Shri. Ramchandra Narayan Rajage(Since Deceased Through Lrs Nos. 2 To 6)

2022-07-25Hon'Ble Shri Justice S. M. Modak1 pages

by HEMANT CHANDERSEN SHIV Date:

2022.07.29 14:05:36 +0530 HEMANT CHANDERSEN SHIV 1/1 26.ca234.15.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.234 OF 2015 IN SECOND APPEAL STAMP NO.28367 OF 2014 Arvind Purushottam Chitroda ... Applicant V/s.

Ramchandra N Rajage & Ors.

... Respondents Mr.Rahul Shinde i/b Mr. Sanjay Kshirsagar for the Applicant. CORAM : S. M. MODAK, J.

DATED : 25TH JULY 2022.

P.C:- 1.

Heard.

2.

Though there is appearance on behalf of Respondent Nos.4 to 6 none is present.

3.

Civil Application for delay condonation has abated against Respondent Nos.2 and 3 by the order dated 21st March 2016 of the learned Registrar Judicial-II. So also this Civil Application was dismissed against Respondent No.7 by the order of learned Registrar Judicial-II dated 20th March 2018 and also got abated against Respondent Nos.8 and 9 as per the order passed by learned Registrar Judicial-II on 25th April 2016. This ought to have been pointed out by learned Advocate appearing for the Appellant when initially Interim Applications in respect of Respondent Nos.7, 8 and 9 were decided. In view of the order passed by the learned Registrar JudicialII, the orders as referred above against Respondent Nos.7, 8 and 9 are recalled.

4.

There is delay of 79 days in filing the Second Appeal. For the reasons stated in paragraph 2 of the Application, delay is condoned. 5.

Application is disposed of. Office to process the Second Appeal. (S. M. MODAK, J.)