Dr Kanhaiyasingh Govindsingh Tehara Died Through Lrs Shobhna Subhashsingh Rajput And Othrs v. Kailash Kishan Kadam And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 48 CIVIL APPLICATION NO. 10964 OF 2023 IN RC/610/2020 IN SA/751/2012 DR KANHAIYASINGH GOVINDSINGH TEHARA

VERSUS

KAILASH KISHAN KADAM AND OTHERS WITH SECOND APPEAL NO.751 OF 2012 WITH CA/3347/2009 IN SA/751/2012 ...

Advocate for Appellant : Ms. Manisha Dalave h/f.

Talekar and Associates Advocate for Respondent Nos. 1 and 2 : Mr. Krishna P. Rodge h/f. Ms.Geeta Deshpande ...

CORAM : KISHORE C. SANT, J.

DATE : 17.10.2023 PER COURT :

1.

This application is filed seeking restoration of Civil Application No. (Stamp) No.7507/2019 in Second Appeal No. 751/2003. The prayer is opposed by the learned Advocate for the respondents. The Civil Application is filed for bringing legal representatives of the appellant on record. Though there are objections, it were not removed by the learned counsel for the applicant and therefore the instant stay by order dated 31.07.2019, is refused. 2.

For the reasons recorded, the Civil Application is allowed.

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3.

Civil Application (Stamp) No.7507/2019 in Second Appeal No. 751/2012 stands restored. Delay in filing this application of 1447 days is also condoned.

4.

The Civil Application No. 10964/2023 stands disposed off. 5.

The applicant is at liberty to circulate Civil Application Stamp No. 7507/2019 after the objections are removed. ( KISHORE C. SANT ) JUDGE shp/-