Kirtikumar Jagdevswami Devnikar v. Vaijnath Jagdevswami Devnikar And ORS.

1 940CA12473.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

940 CIVIL APPLICATION NO.12473 OF 2022 IN SAST/930/2022 WITH CA/12472/2022 IN SA/594/2022 WITH CA/ 12475/2022 IN SAST/930/2022 KIRTIKUMAR JAGDEVSWAMI DEVNIKAR

VERSUS

VAIJNATH JAGDEVSWAMI DEVNIKAR AND ORS.

...

Advocate for Applicant : Mr. Krishna P. Rodge AGP for Respondents:

Advocate for Respondents :

Advocate for Respondents :

Advocate for Respondents :

Advocate for Respondents :

Notice Of R/1 , R/7, R/8 And B, R/9 Are Served. Adv. Devang R. Deshmukh Fr/2 And R/3 Shown As Died.

...

CORAM : RAJESH S. PATIL, J.

DATE : NOVEMBER 21, 2022 PER COURT : - CIVIL APPLICATION NO.12473 OF 2022 :

1.

This Civil Application is filed for condonation of delay caused in filing the Second Appeal.

2.

The Second Appeal is filed on 12.12.2021, challenging the judgment and decree passed on 06.02.2020. The Supreme Court in Suo Motu Writ Petition (C) No. 3 of 2020 by its order directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation.

3.

In view of the aforesaid order being passed by Supreme Court, there is no delay in filing the instant civil application. Civil sgp

2 940CA12473.2022 Application No. 12473 of 2022 stands allowed in terms of prayer clause "A" and "B".

4.

Civil Application No. 12473 of 2022 is accordingly disposed off.

5.

Second Appeal (St) No. 930 of 2022 and Second Appeal No. 594 of 2022 be taken up for admission on 06th December, 2022. [ RAJESH S. PATIL ] JUDGE sgp