Ganesh Ramchandra Dhoble And Another v. Rukhmabai Pathe (Dead) Through Lrs. Jankabai Nivrutti Dhoble And Others

49. cao. 305.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 305 OF 2020 IN MISC. CIVIL APPLICATION (ST) NO. 1163 OF 2020 IN REJ. SECOND APPEAL NO. 240 OF 2009 Ganesh Ramchandra Dhoble and anr Vs.

Rukhmabai Pathe (expired through LRs and others.) Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order None appears.

CORAM : ROHIT W. JOSHI, J.

DATE : 30.09.2025.

.

The Civil Application (CAO) No. 305 of 2020 is filed for condonation of delay in filing restoration of Second Appeal.

2.

The Misc. Civil Application (St) No. 1163 of 2020 is filed for restoration of the Second Appeal, which arises out of a suit for partition and separate possession. 3.

The office note shows that the application is dismissed against respondent Nos.2(d), 2(f) and respondent No.3(c). It is also recorded that the application is abated against Respondent No.1-a(i). The notice of Respondent No. 1(b) is received back unserved, as the said respondent is reported to be dead.

49. cao. 305.2020.odt 4.

Since the proceeding arises out of a suit for partition, the Misc. Civil Application stands abated. The office is directed to take note of the said fact. 5.

Liberty is granted to the applicant to apply for setting aside the abatement.

(ROHIT W. JOSHI, J.) Tanmay...