Narsing Dnyanoba Kutwade And ANR v. Prakash Shivaji Jogdand And ORS

917-ca-5307-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5307 OF 2018 IN CIVIL APPLICATION NO. 14711 OF 2016 IN FAST/17788/2016 NARSING DNYANOBA KUTWADE AND ANOTHER

VERSUS

PRAKASH SHIVAJI JOGDAND AND OTHERS ....

Mr. Satish S. Manale, Advocate for the Applicants Ms. Sayali Tekale, Advocate h/f Mr. S.G. Chapalgaonkar, Advocate for Respondent No.3 ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 04th DECEMBER, 2021 PER COURT:- 1.

Heard Mr. Manale, learned counsel for the applicants and Ms. Sayali Tekale, learned counsel holding for Mr. S.G. Chapalgaonkar, learned counsel for respondent no.3. 2.

Mr. R.B. Deshmukh, learned counsel for respondent nos.1 and 2 and Mr. R.D. Biradar, learned counsel for respondent no.4 are absent when matter is called out.

917-ca-5307-18 3.

For the reasons stated in the application, the application needs to be allowed.

O R D E R

(i) Civil application is hereby allowed in terms of prayer clause ''B'

(ii) Issue fresh notice to respondent no.5 in civil application no.14711 of 2016, returnable on 10.01.2022.

(iii) The civil application stands disposed of accordingly. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane