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Bombay High CourtCAS/574/2015allowed

Mr. Chandusing Arjunsingh Pardeshi v. Ratan Sampat Bhandane And Others

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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 574 OF 2015 IN SECOND APPEAL (ST) NO. 32247 OF 2014 Mr.Chandusing Arjunsingh Pardeshi ...

Applicant

Versus

Ratan Sampat Bhandane and others ...

Respondents Ms.Pallavi Patil i/b. Sunil Lahu for the Applicant/Appellant. Mr.Gaurang Jhaveri i/b. M.N. Sandhyanshiv for the Respondent Nos.3, 8, 9, 10 & 11. CORAM : S.J. KATHAWALLA, J.

DATED : 7TH JULY, 2017 P.C.:

1.

The above Civil Application is taken out for condonation of delay of 148 days in filing the Second Appeal. The Learned Advocate appearing for the Applicant states that the Second Appeal stands abated against Respondent Nos.1, 2, 12, 14 and 15 as they are no more. He therefore, undertakes to delete their names from the Second Appeal within one week from today. The Undertaking is accepted. He further states that all the other Respondents are served.

2.

For the reasons stated in paragraph Nos.2, 3 and 4 of the Civil Application, the delay of 148 days is condoned.

kpd 2 / 2 17-CAS-574-2015.sxw 3.

Office is directed to forthwith number the above Second Appeal if all the other objections raised by the office are removed. 4.

Mr.Gaurang Jhaveri appearing for the Respondent Nos.3, 8, 9, 10 & 11 waives service of the Second Appeal.

5.

The remaining Respondent Nos.4 to 7 and 13 shall be served with a copy of this order as well as Second Appeal by Speed Post/Registered Post A.D. and/or by hand-delivery within a period of two weeks from today and and an affidavit proving service shall be filed on the adjourned date. 6.

The Civil Application is accordingly disposed off. 7.

Stand over to 01.08.2017 for admission.

( S.J.KATHAWALLA, J. )