Maruti Bhima Kamble And ORS v. Ravalu Ganu Dalvi And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by CHITRA SANJAY SONAWANE Date:

2022.07.16 13:33:11 +0530 CIVIL APPELLATE JURISDICTION CHITRA SANJAY SONAWANE INTERIM APPLICATION NO.9 OF 2022 IN SECOND APPEAL NO.437/1990 Maruti B. Kamble & Ors.

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Applicants.

IN THE MATTER BETWEEN:

1.Bhima R. Kamble & Ors.

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Appellants.

Vs.

1. Ravalu G. Dalvi & Ors.

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Respondents.

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Mr. Pradeep D. Dalvi for applicants.

None for Respondents.

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 15th JULY, 2022.

P.C.

1.

Way back on 21.7.2000, the Registrar (Judicial) of this Court, had dismissed the second appeal since paperbook could not be supplied as well as office objections were not removed. 2.

After 22 years, it appears that the appellant has awaken from his slumber only when he found that the respondent has pressed execution of Decree before the executing Court. 3.

As a matter of fact, this application deserves to be dismissed with costs, however, in the interest of justice and by way of indulgence, impugned order dated 21.7.2000 is set aside.

4.

Mr. Dalvi, learned Counsel for applicants undertakes to file paperbook and decree forms in the Registry within 4 weeks as well as remove office objections within 4 weeks. Statement is accepted. If paperbook is not filed as above, the second appeal will again stand dismissed without further reference to the Court. 4.

Second Appeal no.437/1990 is restored to its original file. 5.

Ad-interim granted by this Court also stands restored. 6.

Application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]