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Bombay High CourtCAS/385/2022ca disposed off

Ramrao Sheshrao Hutke And Others v. Sudhir Laxmanrao Hutke And Others

2022-06-07Hon'Ble Shri Justice S.M. Modak3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Pursis Stamp No.04/2020 IN Second Appeal No.121/2008 Ramrao Sheshrao Hutke & Ors.

..Versus..

Sudhir Laxmanrao Hutke & Ors.

**************************************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

**************************************************************************************************** Shri Abhijit Deshpande, Advocate for the Appellants. Shri O.W. Gupta, Advocate for Respondent Nos.1 to 21. CORAM : S.M. MODAK, J.

DATE : 7 th JUNE, 2022.

P ursis Stamp No.04/2020 Earlier learned Advocate Shri M.M. Agnihotri for the appellants seeks leave to withdraw his power as already learned Advocate Shri Deshpande has filed power for the appellants. Learned Advocate Shri M.M. Agnihotri is discharged. Pursis is disposed of.

Civil Application (CAS) No.385/2022 Appellant Nos.1 and 2 are the founder members of appellant No.4-Trust. They are no more. In view of their death, earlier, appeal stands abated in respect of them. Today, it is pointed out that they were the trustees of appellant No.4 and now

2/3 appellant No.3 will prosecute this second appeal. In view of that, the names of appellant Nos.1 and 2 are deleted.

Earlier in the title cause, it is mentioned that appellant No.1-Ramrao Hutke used to represent the appellant No.4-Trust. Now, the appellant No.3 is permitted to represent the respondent No.4-Trust.

4.

Necessary amendment be carried out.

5.

The civil application is disposed of.

Civil Application (CAS) No.384/2022 Respondent No.21 was also the Trustee of appellant No.4. He expired on 23rd February, 2009. There was a dispute in between the appellants-Trustees on one hand and this respondent. As learned Advocate Shri Gupta wants to take further instructions, this application will be decided on the next date. Stand over to 15th July, 2022.

Second Appeal No.121/2008 Earlier, learned Advocates Shri Charde and Shri Gupta used to represent respondent Nos.1 to 21. Now, learned Advocate Shri Charde is no more. Learned Advocate Shri Gupta is not having papers.

3/3 Learned Advocate Shri Deshpande undertakes to supply copy of paper-book to learned Advocate Shri Gupta. Learned Advocate Shri Gupta is at liberty to take instructions from the respondents.

Civil Application (CAS) No.387/2022 There is a request for early hearing of the appeal. The appeal is of the year 2008.

Hearing of the appeal is expedited.

The civil application is disposed of.

4.

Matter be kept on 15th July, 2022.

JUDGE Vijay Signed By:VIJAY KUMAR Personal Assistant