Gokarna Atmaram Gade v. Gangubai Vishwanath Gholave

*1* 925ca368o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.368 OF 2018 IN SECOND APPEAL NO. 691 OF 2017 WITH SECOND APPEAL NO.691 OF 2017 WITH CIVIL APPLICATION NO.13262 OF 2017 IN SA/691/2017 GOKARNA ATMARAM GADE

VERSUS

GANGUBAI VISHWANATH GHOLAVE ...

Advocate for the Applicant : Shri D.G.Nagode. Advocate for the Respondent : Smt.R.R.Mane.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 12th January, 2018 Per Court:

By this Civil Application No.368/2018, the Applicant/ original Appellant prays for extension of time to deposit the interest over the amount of Rs.1 lac as per the order of this Court dated 01.11.2017. The learned Advocate for the Respondent does not oppose this application. She, however, submits that the record and proceedings in RCS No.496/2013 and RCA No.37/2016 may be called for. The learned Advocate for the Appellant has no objection. As such, Civil Application No.368/2018 is allowed. Interim

*2* 925ca368o18 protection granted by this Court by order dated 01.11.2017 shall stand continued only on the condition that the Applicant/ Appellant shall deposit the interest amount within TWO WEEKS from today. After the interest amount is deposited as above, Civil Application No.13262/2017 shall stand disposed of without reference to the Court, in terms of the order dated 01.11.2017.

The learned Advocates for the respective sides submit that the Second Appeal can be heard finally at admission stage. As such, Second Appeal No.691/2017 be listed for admission on 15.02.2018. In the meanwhile, the record and proceedings from the Court of the learned Civil Judge Junior Division, Vashi in RCS No.496/2013 decided on 03.05.2016 and from the Court of the learned District Judge, Bhoom in RCA No.37/2016 decided on 16.08.2017 shall be called for.

kps (RAVINDRA V. GHUGE, J.)