Shri. Deepak Maruti Surve And ORS v. Shri. Hemant Kumar Gopinath Haldavnekar And ORS

51-ia-9-2023 in sa-593-2015.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9 OF 2023 IN SECOND APPEAL NO.593 OF 2015 Shri Deepak Maruti Surve and Anr.

... Applicants In the matter between Shri Deepak Maruti Surve and Anr.

... Appellants

Versus

Shri Hemant Kumar Gopinath Haldavanekar and Ors. ... Respondents Mr. S.P. Shetye, for the Appellants/Applicants. CORAM : MADHAV J. JAMDAR, J.

DATED : 10th JANUARY 2023 P.C. :

1.

Heard learned counsel appearing for the Applicants. 2.

This Interim Application is taken out for restoration of Second Appeal to its original file. The said Second Appeal has been dismissed against un-served Respondents by order dated 20th June 2022 passed by the learned Registrar (Judicial-II).

3.

The Second Appeal was dismissed by conditional order of learned Registrar (Judicial-II), by which four weeks time was granted to serve the un-served Respondents, failing which the registration of 1/2

51-ia-9-2023 in sa-593-2015.doc Pallavi the Second Appeal was refused.

4.

Learned counsel appearing for the Applicants states that the Second Appeal is not yet admitted.

5.

Applicants to serve the un-served Respondents within a period of six weeks and file affidavit of service before the next date. 6.

In view of above, the Interim Application is allowed in terms of prayer clauses (a) and (b) by setting aside the order dated 20th June 2022 passed by the learned Registrar (Judicial-II). 7.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2