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Bombay High CourtCA/9632/2018disposed offdismissed for default

Shobha Arun Undare And ORS v. N.S. Sahaimoorthy Natesan And ORS

2018-08-28Hon'Ble Shri Justice P.R. Bora2 pages

{1} 957 CA 9632 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CIVIL APPLICATION NO.9632/2018 IN FA/2142/2018 WITH FA/2142/2018 SHOBHA ARUN UNDARE AND ORS

VERSUS

MR.N.S.SAHAIMOORTHY S/o P. NATESAN AND ORS ...

Advocate for Applicants : Shri S.B.Choudhari Advocate for Respondent No.2: Shri A.S.Deshpande & Shri S.S.Wagh Advocate for Respondent No.4 : Shri M.R.Deshmukh ...

CORAM : P.R.BORA, J.

DATE: 28th August, 2018 PER COURT:- Heard learned Counsel appearing for the applicants and learned Counsel appearing for the respondents. Perused the impugned Judgment and grounds of objection in the Memo of Appeal.

After having considered grounds of objection, I deem it appropriate to pass the following order:-

ORDER

I) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking to the satisfaction of the Registrar (Judicial) of this Court. The balance amount be invested in the Fixed Deposit Receipt initially for a period of two years and if so required, for further period till disposal of the appeal.

{2} 957 CA 9632 of 2018 II) Civil application No.9632 of 2018 stands disposed of.

III) List the Appeal for admission on 25.09.2018.

IV) Call Record and Proceedings, if already not called. (P.R.BORA) JUDGE SPT