Omprakash Kishan Wabale And ANR v. Parmeshwar Namaji Pathade And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2643 OF 1993 WITH CIVIL APPLICATION NO. 2113 OF 2016 IN SECOND APPEAL NO. 184 OF 1993 PARMESHWAR NAMAJI PATHADE (DIED) THROUGH LRS VATSALABAI PARMESHWAR PATHADE AND OTHERS

VERSUS

OMPRAKASH KISHAN WABLE AND OTHERS Advocate for Appellants : Shri A.S. Deshmukh. Advocate for Respondent No. 1 : Shri P.S. Agrawal. Advocate for Respondent Nos. 2 to 3 : Shri S.S. Choudhari. CORAM : RAVINDRA V. GHUGE, J.

Dated : 04th January, 2018 PER COURT :

1.

By the first Civil Application, the appellants have prayed for interim relief in terms of prayer clause 'A'. By order dated 28/07/1993, passed by the Additional Registrar-2, under Chapter II Rule 3 (a) of the Bombay High Court Appellate Side Rules, interim protection was granted to the appellants by staying the execution of the decree on the condition of furnishing 'security' to the satisfaction of the lower Court. It is stated that the security has been furnished as per office noting dated 06/08/1994. The Civil Application, is therefore, allowed in terms of prayer clause 'A'. 2.

By the second Civil Application, the respondents in the

Second Appeal have prayed for an early hearing of the of the Second Appeal. Since, the Second Appeal is already on the final hearing board, the second Civil Application stands disposed of. 3.

At the request of the litigating sides, list Second Appeal No. 184/1993 for final hearing on 01/02/2018.

( RAVINDRA V. GHUGE, J. ) S.P.C.