Shankar Nimbaji Khanzode And Another v. Himmatsingh Narayansing Tomar And Others

caf 1983.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1983 OF 2017 in FIRST APPEAL (ST.) NO. 2140 OF 2017 [Shankar Nimbaji Khanzode and anr. Vs. Himmatsing Naryansing Tomar and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri Alok Daga h/f. Shri S. M. Vaishnav, Advocate for the appellants Shri M. M. Kalar, Advocate for respondent no. 3 CORAM : M. G. GIRATKAR, J.

DATE : 19/07/2019 Heard.

The delay is caused due to approaching to the High Court in Writ Petition No. 5314 of 2016. The petitioners have withdrawn the said petition on liberty to file appropriate proceedings. After the withdrawal of writ petition, present appeal is filed. Therefore, delay is caused.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

FIRST APPEAL (FA) NO. OF 2019 Heard.

caf 1983.2017.odt Admit.

Shri Kalar, learned Advocate waives notice on behalf of respondent no. 3.

Put up for final disposal on 26.07.2019.

JUDGE SMGate