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Bombay High CourtSA/460/2019admittedallwdgrantedrule absolute

Smt. Bebibai W/O Dhanraj Khodke v. Baburao Chandu Dholwar (Dead Thr. Lrs.) Smt. Vachhalabai Wd/O Baburao Dholwar And Others

2020-01-20Hon'Ble Shri Justice Avinash G. Gharote1 pages

17 letter O.W. Nos. 165.2021.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR LETTER O.W. NOS. 165 AND 181 OF 2021 IN SECOND APPEAL NO.460/2019 (D) Smt Bebibai w/o Dhanraj Khodke Versus Baburao Chandu Dholwar and others. ******************************************************************************************************************* Office notes, Office Memoranda of Coram,appearances,Court'

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******************************************************************************************************************* CORAM : S.M. MODAK, J.

DATE : 06/09/2021 Read the letter received from learned District Judge-3 and Additional Sessions Judge, Nagpur. This Court, as per the order dated 20/01/2020 passed in Second Appeal No. 460/2019 was pleased to direct the First Appellate Court to decide the appeal as expeditiously as possible and within the period of ten months from the receipt of the judgment.

For the reasons stated in the request letter, the appeal could not be disposed of. The main reason is the pandemic situation. Furthermore, letter mentions that out of fifteen respondents, some are yet to be served. Hence, extension is justified. It is very well true that, as per the judgment dated 20/01/2020, the delay was condoned and first appeal was expedited. As there are no directions to parties to appear before the First Appellate Court, it is necessary to issue notice to the respondents.

Hence, the First Appellate Court is granted one year time from today to dispose of the First Appeal. Inform the concerned Court.

JUDGE rkn