Satyanarayan Vajinath Kankubji v. Bhima Narayan Dige Lrs Sahebrao Bhima Dige And Others

1 CA 2638 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO. 2638 OF 2016 IN SA/661/2015 WITH CA/15124/2015 IN SA/661/2015 WITH CA/2639/2016 IN SA/661/2015 WITH CA/2640/2016 IN SA/661/2015 WITH CA/2641/2016 IN SA/661/2015 SATYANARAYAN VAJINATH KANKUBJI

VERSUS

BHIMA NARAYAN DIGE LRS SAHEBRAO BHIMA DIGE AND OTHERS -------- Shri. Sanket S. Kulkarni Advocate, for applicants. Shri. C.K. Shinde, Advocate, for respondents/appellants. ---------- CORAM: T.V. NALAWADE, J.

DATE : 11th MARCH 2016 ORDER:

1) The application is filed by one of the original plaintiffs, who is now one of the respondents in the second appeal. He contends that his rights in the suit property are already established in other proceeding like Second Appeal 1394/2005 decided on 23-9-2005. He produced copy of the said decision on record. He submits that now present applicant is the only owner as per the decision of the Court. There is no need to serve notice of second appeal on other respondents and he can represent all the

2 CA 2638 of 2016 plaintiffs in the present matter. In view of this submission and without prejudice to the rights of the present appellants, the application is allowed. The other respondents mentioned are to be treated as deleted. List the matter for admission purpose on 6th April 2016. In view of this order, other civil applications except stay application also stand disposed of.

Sd/- (T.V. NALAWADE, J. ) rsl