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Bombay High CourtCA/4244/2017admittedallowedgrantedrule absolute

Gangadhar Wamanrao Dahale v. Vasant Fakirao Dahale And Others

2017-03-30Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

ca4244-17 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4244 OF 2017 IN SECOND APPEAL NO.193 OF 2006 Gangadhar Wamanrao Dahale APPLICANT

VERSUS

Vasant Fakirrao Dahale and Others RESPONDENTS .......

Mr. Vijay Y. Patil, Advocate for the applicant Mr. S.V.Mundhe, Adv. for respondents No.5B, 5C, 6A, 6B, 7 to 10 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 30 th MARCH, 2017 ORDER :

1.

Heard learned advocates for the parties.

2.

For the reasons contained in civil application, the same stands granted in terms of prayer clauses "B" and "C", subject to payment of costs of Rs.1000/-, to be deposited in this court within a period of three weeks from today.

3.

In view of aforesaid, order of dismissal dated 1st August, 2016 stands recalled. Second appeal No. 193 of 2006 is restored to its position as had been subsisting immediately before 1st August, 2016.

4.

Civil application stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/ca4244-17

ca4244-17 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4245 OF 2017 IN SECOND APPEAL NO.193 OF 2006 Gangadhar Wamanrao Dahale APPLICANT

VERSUS

Vasant Fakirrao Dahale and Others RESPONDENTS .......

Mr. Vijay Y. Patil, Advocate for the applicant Mr. S.V.Mundhe, Adv. for respondents No.5B, 5C, 6A, 6B, 7 to 10 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 30 th MARCH, 2017 ORDER :

1.

In view of order passed in civil application No.4244 of 2017, present civil application stands disposed of. 2.

The applicant is at liberty to deposit the amount pursuant to order dated 29th January, 2008 passed by this Court in Civil application No. 2463 of 2006, today or by 31st March, 2017 for the year ending on 31st March, 2017.

[SUNIL P. DESHMUKH, J.] drp/ca4244-17