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Bombay High CourtCA/9242/2022disposed off

Gayasoddin Hiraji Patel Lrs Mubarak And Others v. Bisabai Sardar Patel Lrs Nilnba And Others

2022-09-12Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.9242/2022 with C.A. No.9241/2022 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9242 OF 2022 WITH CIVIL APPLICATION NO.9243 OF 2022 WITH CIVIL APPLICATION NO.9271 OF 2022 WITH CIVIL APPLICATION NO.9241 OF 2022 IN SECOND APPEAL NO.512 OF 2018 Gayasoddin Hiraji Patel, Died L.Rs.

Mubarak Gayasoddin Patel & ors.

... APPLICANTS

VERSUS

Bisabai Sardar Patel, Died L.Rs.

Nilnba Sardar Patel & ors.

... RESPONDENTS .......

Mr. Rohit P. Patwardhar, Advocate holding for Mr. Mukul S. Kulkarni, Advocate for applicants Mr. Y.G. Gujarathi, A.G.P. for respondents in C.A. No.9242/2022 .......

CORAM :

R. G. AVACHAT, J.

DATE :

12th SEPTEMBER, 2022.

PER COURT :

This Court, vide order dated 3/8/2022, allowed Civil Application No.9240/2022. The delay was condoned. Order of abatement of the Second Appeal so far as regards concerned respondents has been set aside with costs of Rs.5000/-. The proposed legal representatives of the deceased respondents No.2, 3 and 4 were served with the

C.A. No.9242/2022 with C.A. No.9241/2022 :: 2 ::

notice of these Civil Applications. None has marked appearance on their behalf. The Civil Applications are, therefore, allowed in terms of prayer clauses (A) of the Civil Applications.

2.

Once the legal representatives are brought on record, issue them notices of this Second Appeal returnable after four weeks.

( R. G. AVACHAT, J. ) fmp/-