Anwar Siraj Daud v. S Suryanarayana Naidu S/O S Krishnaswamy Naidu (Dead) Thr Lrs And ORS

1 912 CAS 471.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO. 471/2025 IN SECOND APPEAL (ST) NO. 6793/2025 (Anwar Siraj Daud Vs. S. Suryanarayana Naidu s/o S. Krishnaswamy Naidu (dead) thr. Lrs & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.B. Patil, Advocate for applicant/appellant. CORAM: ROHIT W. JOSHI, J.

DATED : 06/05/2025.

Heard.

2.

The applicant has purchased a plot bearing No.31 in Khasara No. 157 of village Dabha, Tahsil and District Nagpur which is a part and parcel of the suit property. He is not a party to the suit for partition and separate possession in which the impugned decree is passed. It is stated that the appellant was not aware about the pending litigation while the said suit plot was purchased. It is also stated in the application that multiple third party interests have been created by the parties to the suit. In that view of the matter, application for leave to file appeal is allowed. CIVIL APPLICATION (CAS)(ST) NO. 8770/2025 1.

Heard.

2.

There is delay of 4 days in filing second appeal. Since there is delay of only 4 days in fling second appeal, the civil application is taken up for consideration without

2 912 CAS 471.25 issuing notice to the respondents. It is stated in the civil application that the judgment and decree passed by learned Trial Court was received on 11.03.2025 and the appeal was filed on 13.03.2025. The limitation for filing of second appeal expired on 09.03.2025. In that view of the matter, application for codonation of delay is allowed. SECOND APPEAL (ST) NO. 6793/2025 1.

Heard.

2.

It is informed that the connected matters are listed on 12.06.2025. Place this appeal along with connected matters on 12.06.2025.

( ROHIT W. JOSHI , J.) Gohane