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Bombay High CourtCA/3487/2013admittedallowedgrantedrule absolute

Punda Hanmanta Mali(Shinde) Died Lrs Laxmibai And Others v. Madhavrao Gopalrao Kulkarni Died Lrs Promodini Prabhakar Kulkarni And Others

2015-09-11Hon'Ble Shri Justice T.V. Nalawade2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No.3487 of 2013 Punda S/o Hanmanta Mali (Shinde) (Died) through L.Rs. Lamibai w/o Punda Mali (Shinde) And Others.

.. Applicants.

Versus

Madhavrao S/o Gopalrao Kulkarni (Died) through L.Rs. Promodini W/o Prabhakar Kulkarni And Others. .. Respondents. -------- Shri. S.S. Pawar, Advocate, for applicants. Shri. J.R. Patil, Advocate, for respondent No.2. -------- CORAM : T.V. NALAWADE, J.

DATE : 11th September 2015 ORDER:

1) The application is filed for condonation of delay of 46 days caused in filing second appeal. Both Sides are heard. In view of the contents of the application and the submissions made, the application is allowed. Delay is condoned. Notice in second appeal. It is waived by learned counsel for the respondent No.2 only. As the respondent

Nos.1,3 and 4 were served but nobody had turned up for them. Notice to respondent Nos.1,3 and 4. Call record and proceeding from the trial Court and the First Appellate Court. The other Second Appeal Stamp No.8065 of 2013 is to be listed along with present matter. Notice is made returnable on 19/10/2015.

(T.V. NALAWADE, J. ) mnp