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Bombay High CourtCAS/1490/2014allowed

Keshav Hanmantrao Sardesai v. Jahangir Mahamad Mujawar And ORS.

2016-07-01Hon'Ble Shri Justice Nitin Jamdar2 pages

1 90 CAS 1490-14 in SA 45-98 w CAS 362-10 .doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1490 OF 2014 in SECOND APPEAL NO. 45 OF 1998 Along with CIVIL APPLICATION NO. 362 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's order or Directions and Registrar's Orders Court's or Judge's Orders Mr.N.J.Patil i/b Mr.Amey Patil, for Applicants / Appellants.

None for Respondents.

CORAM: N.M. Jamdar, J.

Friday, 1 July 2016.

P.C.:

Notice has been issued and all Respondents are served. The Appeal at present survives only against Respondent No.1 and 3(b).

The learned counsel for the Applicants states that the Appeal may be restored only against these Respondents. Civil Application is accordingly allowed in terms of

2 90 CAS 1490-14 in SA 45-98 w CAS 362-10 .doc prayer clause (a), (b) and (c).

2.

What is the implication of dismissing of the Appeal as abated against the other Respondents, as to whether the Appeal entirely abates, is kept open to be considered at the time of hearing.

(N.M.Jamdar, J.)