Nivrutti Mahadu Jawalkar (Deceased) v. Shri Vishnu Kesu Javalkar (Deceased)

15-cas1776-16.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1776 OF 2016 IN SECOND APPEAL NO.629 OF 1991 Nivrutti M. Jawalkar, since deceased through His L.Rs. M.N. Jawalkar & Ors.

...Applicants V/s.

Vishnu K. Jawalkar, since deceased through His L.Rs. - Smt.Tarabai V. Jawalkar & Ors.

...Respondents

Ms.Kanchan C.Phatak i/b Mr.N.P. Deshpande for the Applicants. None for the Respondents.

CORAM : R.D. DHANUKA, J.

DATE : 17TH SEPTEMBER, 2019.

P.C. :- 1.

By this civil application, the applicants have prayed for setting aside the order dated 12th July, 2016 passed by the Registrar (Judicial-II) dismissing the Civil Application (Stamp) No.14023 of 2016 on the ground that the Second Appeal No.629 of 1991 itself was dismissed by an order dated 11th June, 2014. 2.

A perusal of prayers in the said Civil Application (Stamp) No.14023 of 2016 indicates that the said civil application was for correction of the cause title of the second appeal. In the cause title in the order, the names of the parties were wrongly spelled. In my view, learned Registrar (Judicial-II) thus could not have dismissed the said application for correction of the names. The order dated 1/2

15-cas1776-16.doc 12th July, 2016 passed by the learned Registrar (Judicial-II) is accordingly set aside.

3.

The civil application is disposed of on aforesaid terms. There shall be no order as to costs.

(R.D. DHANUKA, J.) 2/2