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Bombay High CourtCAS/573/2019admittedallwdgrantedrule absolute

Wasudeo Atmaram Nimbarte And Others v. Kaushalaya @ Gita Narayan Kantode And Others

2020-02-07Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 909.CAS.573.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.573 OF 2019 IN SECOND APPEAL STAMP NO.7380 OF 2019 Wasudeo Atmaram Nimbarte and others.

Vs.

Kaushalya @ Gita Narayan Kantode and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Vyawahare, Advocate h/f Mr. H. N. Potbhare, Advocate for applicants.

Mr. V. R. Borkar, Advocate for non-applicant nos.1 to 3. CORAM : AVINASH G. GHAROTE, J.

DATE : FEBRUARY 07, .

Delay of four days in presenting the second appeal is sought to be condoned. Mr. V. R. Borkar, learned counsel for the non-applicant nos.1 to 3 has no objection. The delay is therefore condoned. Civil application is allowed. Office is directed to register the appeal and list it for admission. Civil Application No.573 of 2019 is disposed of. SECOND APPEAL STAMP NO.7380 OF 2019 Mr. V. R. Borkar, learned counsel waives notice on merits for the respondent nos.1 to 3.

Mr. Borkar, learned counsel further submits that he has also filed Second Appeal No.250 of 2019 which arises out of the same judgment as is impugned in the present matter.

(2) 909.CAS.573.19 List the present matter along with Second Appeal No.250 of 2019 and both be decided together. Learned counsel Mr. Borkar, for the respondent nos.1 to 3 agrees to place on record copy of the paper book of the first appeal along with documents as exhibited before the Trial Court.

JUDGE Sarkate