Vitthalrao Nagorao Ajane Died Lrs Parwatabai And Others v. Hanmantrao Bandappa Patil

13199.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

908. CIVIL APPLICATION NO.13199 OF 2018 IN SECOND APPEAL NO.237 OF 2013 ...

VITTHALRAO NAGORAO AJANE DIED LRS PARWATABAI AND OTHERS

VERSUS

HANUMATRAO BANDAPPA PATIL ...

Ms.Monali P. Patil, Advocate holding for Mr.S.S.Kulkarni, Advocate for the applicants Mr.C.D.Fernandes, Advocate holding for Mr.N.K.Kakade, Advocate for the respondent.

...

CORAM : A.M.DHAVALE,J.

DATE : 24.10.2018 ORDER:

1.

This Appeal has been admitted on 15th April, 2013. The appellant is now aged more than 81 years. The respondent has expired and his legal heirs have also become old. The lis has begun in 1986. The matter was twice remanded. The possession is with the appellant.

2.

The contention that the appellant was not complying with the order of payment of Rs.10,000/- per year seems to be without

13199.18CA.odt any force. Still, considering the facts and circumstances, the Civil Application is allowed.

3.

The matter is expedited.

4.

The respondent shall file paper book. Print is dispensed with.

5.

The matter be fixed for final hearing in the 2nd week of December, 2018.

[A.M.DHAVALE] JUDGE DDC