Ishrajidevi Wd/O Banarsilal Dhuria (Since Deceased) And ANR. v. Mr. Narayanbhai Patel

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 17030 OF 2022 IN CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017 Anshu Rameshchandra Dhuriya ... Applicant

IN THE MATTER BETWEEN

Gulabi Devi Rameshchandra Dhuriya & Anr.

... Applicants.

Vs Narayan B. Patel ... Respondent.

WITH CIVIL APPLICATION NO. 387 OF 2019 IN CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017 Ishrajidevi wd/o Banarsilal Dhuria (since deceased) & Ors.

... Applicants Vs Mr. Narayanbhai Patel ... Respondents WITH CIVIL APPLICATION NO. 13 OF 2018 IN CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017 Ishrajidevi wd/o Banarsilal Dhuria (since Deceased) And Ors.

....Applicants V/S Mr. Narayanbhai Patel ....Respondent WITH CIVIL APPLICATION NO. 14 OF 2018 IN CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017 Ishrajidevi Wd/o Banarsilal Dhuria (since Deceased) & Anr.

....Applicants V/S 1/4

2/4 Mr. Narayanbhai Patel ....Respondent Mr. Rakesh Kumar R. Tiwari for the applicants. None for the respondents.

CORAM : NITIN W. SAMBRE, J.

DATED :

10th AUGUST, 2022 P.C.:

IA/17030/2022 1.

This Interim Application is taken out by the applicant to amend the Civil Revision Application for the reasons disclosed in the Interim Application.

2.

The Interim Application stands allowed. The appropriate amendment to be carried within a period of four weeks from today. CAC/387/2019 3.

This Civil Application is taken by the applicants/plaintiffs seeking stay to the judgment dated 20/03/2017 passed in Appeal No. 135 of 2010 wherein the applicants are saddled with the cost of Rs.1,00,000/-.

4.

Heard Mr. Tiwari, learned counsel appearing for the applicants.

5.

According to him the prayer for ad-interim relief be adjourned so as to seek instructions, as to when the applicants are willing to deposit the said amount.

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3/4 6.

In the aforesaid background, if within four weeks from today, the cost of Rs.1,00,000/- is deposited by the applicants in this Court, the amount so deposited by applicants be made in the fix deposit for a period of three years. If the amount is not deposited by the applicants, the Civil Application shall stands dismissed without further reference to the Court.

CAC/13/2018 7.

This Civil Application is taken out by the applicants for condoning the delay in filing the Civil Revision Application. 8.

Though served, none appeared for the non-applicant. 9.

As such, for the reasons stated in the Civil Application, the Civil Application is allowed in terms of prayer clause (a). CAC/14/2018 10.

This civil application is taken out by the applicants claiming that the applicant nos. 1a & 1b be permitted to represent the interest of applicant nos. 2a & 2b.

11.

Let there be a notice to the non-applicant on the said CA, returnable on 21/09/2022.

12.

In addition to Court notice, Applicants are permitted to serve the non-applicant through registered post A.D./Speed post and file afÏdavit of service before the returnable date. If service is not 3/4

4/4 completed before the returnable date, interim relief shall stand vacated without further reference to the Court. (NITIN W. SAMBRE, J.) ANANT KRISHNA NAIK by ANANT KRISHNA NAIK Date: 2022.08.11 11:52:15 +0530 4/4