Saranghar Vithal Wadhe v. Shamrao Govinda Wadhe (Dead) Through Lrs. Anjanabai Shamrao Wadhe And Others

1 918.caa.11.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (A) NO.11/2020 IN APPEAL AGAINST ORDER NO.52/2015 Sarangdhar Vitthal Wadhe Vs. Shamrao Govinda Wadhe (Dead) ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders .............................................................................................................................................. Mr. Ketan Ganorkar, Advocate h/f Mr. K. C. Bhate, Advocate with Mr. Amit Bhate, Advocate for the Appellant(s). Mr. A. V. Bhide, Advocate for Applicants (LRs of Respondent-sole). CORAM : AMIT BORKAR, J.

DATED :

15th JUNE, 2022.

.

By this application, the applicants are seeking relief to the effect that the respondents be heard and appellant be directed to take steps to bring legal representatives of deceased respondent on record. 2.

On careful reading of the order passed by this Court on 20.12.2019, it appears that this Court has decided appeal on merits. If the respondent had expired before starting hearing of the appeal, the appropriate prayer for the applicants is to file an application for recall of order dated 20.12.2019.

3.

In view of above, the learned Advocate for the applicants seeks permission to withdraw the application with a liberty to file appropriate application to recall of order dated 20.12.2019.

2 918.caa.11.20.odt 4.

The application is allowed to withdraw with a liberty as prayed for.

5.

The applicants are at liberty to file such application within a period of four weeks.

6.

The ad interim order granted by this Court on 02.05.2022 is continued for a period of four weeks. JUDGE RGurnule MANOJ MANDADE 10:25