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Bombay High CourtCAS/76/2017allowed

Kerba Subrao Dombale v. Shivaram Subrao Dombale (Deceased) Thru. Lrs.

2017-07-21Hon'Ble Shri Justice S.J. Kathawalla2 pages

KPPNair -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 76 OF 2017 IN SECOND APPEAL (ST.) NO. 30494 OF 2016 WITH CIVIL APPLICATION NO. 77 OF 2017 Kerba Subrao Dombale and others ... Applicants/ Appellants vs.

Shivaram Subrao Dombale and others

...Respondents

Mr. Jitendra Oak afor the Applicants/Appellants in both CA/Appeal. Mr. Prashant Suryawanshi, instructed by G.M. Savagave for the Respondent Nos. 5 and 6.

CORAM: S.J. KATHAWALLA, J.

DATE: 21st JULY, 2017 P.C.

Civil Application No. 76 of 2017 is taken out by the ApplicantsAppellants seeking condonation of delay of 584 days in filing the above Second Appeal. For reasons set out in paragraphs 5 and 6 of the Civil Application, the Civil Application is allowed. Delay is condoned. Objections to be removed within a period of two weeks from today. The Advocate for Respondent Nos. 5 and 6 waives service. The remaining Respondents shall be served with a copy of the Second Appeal along with a copy of this order by speed post/registered post

KPPNair -2A.D. /courier and/or by hand delivery and an affidavit proving service shall be filed on the adjourned date. Civil Application No. 76 of 2017 is accordingly disposed off. List the Second Appeal for admission on 3rd August, 2017 for admission.

(S.J. KATHAWALLA, J.)