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Bombay High CourtCA/16735/2016admittedallowedgrantedrule absolute

Tatyasaheb Gangaram Gondge Died Lrs Radhabai And Others v. Nanasaheb Bajirao Kharat And Others

2017-01-13Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} ca16735-16 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16735 OF 2016 IN REJECTED CASE NO.1355 OF 2015 IN SECOND APPEAL STAMP NO.25501 OF 2014 Tatyasaheb Gangaram Gondge (Died) LRs & Ors.

APPLICANTS

VERSUS

Nanasaheb Bajirao Kharat and Others RESPONDENTS .......

Mr. Hemant Surve, Advocate for the applicants Mr. Prasanna Dadpe h/f Mr. Katneshwarkar, Adv for R-1 to 3 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 13 th JANUARY, 2017 ORDER :

1.

Learned advocate for the applicants points out to the reasons as are contained in the civil application. 2.

Learned advocate for the respondents though purports to resists the application, however, is not in a position to challenge veracity of the contents of the civil application. 3.

In the circumstances, it would be expedient to grant the application and compensate inconvenience caused to the other side by awarding costs.

{2} ca16735-16 4.

As such, civil application stands granted in terms of prayer clauses "B" and "C", subject to payment of costs of Rs.3000/- to the appearing parties. The amount of costs be deposited within a period of two weeks from today.

5.

Put up the second appeal for admission on 8th February, 2017.

6.

In case of any exigency, the applicants are at liberty to mention the matter.

7.

Civil application accordingly stands disposed of. [SUNIL P. DESHMUKH, J.] drp/ca16735-16