Namdeo Dadarao Dawle (Died) Abated, Dadarao Namdeo Dhawle And ORS v. Vishnu So Devidas Dhawle And ORS

(1) CA-2827-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2827 OF 2024 IN SECOND APPEAL (ST) 6508 of 2024 NAMDEO DADARAO DAWLE (DIED)ABATED DADARAO NAMDEO DAWLE AND OTHERS

VERSUS

VISHNU S/O DEVIDAS DHAWLE AND OTHERS .....

Advocate for the applicants : Mr. Ghatol Patil Shahaji B Advocate for Respondent Nos.2,4,5 & 6 Mr. D.V.Damgole & Gajanan Ulle.

CORAM : SANDIPKUMAR C. MORE, J.

DATED : July 4, 2024 ORDER:- 1.

Not on board. Taken on board.

2.

Heard rival submissions.

3.

Leave to delete names of respondent Nos. 1 and 3. Respondent No.1 was died as unmarried and having no legal representatives except real brother respondent No.2. Further, the respondent No.3 Bhimrao, who also no more but he had already sold one of the suit properties to present respondent No.5. The applicants are seeking condonation of delay of 388 days in filing the Second Appeal.

4.

The learned counsel for the respondent Nos. 2,4, 5 and 6 submits that the parties have settled the matter and they are going to file consent terms on record today itself.

(2) CA-2827-2024.odt 5.

In view of the same, the application is allowed in terms of prayer clause (B) and disposed of.

6.

The appeal be registered forthwith.

IN SECOND APPEAL NO. __________/ 2024 7.

In the Second Appeal the parties have arrived at amicable settlement and they have also filed consent terms on record. The same are taken on record and marked as "X' for identification.

8.

The learned Registrar (Judicial) of this Court is directed to verify contents of the aforesaid consent terms through the parties and to submit report accordingly.

Stand over to 8th July, 2024.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni