Zolba S/O Sambaji Ledange And Another v. Rama S/O Durga Ailwar And Others

1 1207cas415.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NO.415 OF 2017 IN SECOND APPEAL ST. NO.9257 OF 2017 ZOLBA S/O SAMBAJI LEDANGE & ANOTHER VS RAMA S/O DURGA ALIWAR AND OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. O. Ahmad, Advocate for the appellants. CORAM : A.S. CHANDURKAR, J.

DATED : JULY 12, 2017.

Though the prayer for condoning delay is opposed by the learned Counsel for respondent Nos.1 to 5, considering the reasons mentioned in paras 3 and 4 of the application, the delay stands condoned.

Civil application is allowed and disposed of. SECOND APPEAL ST. NO.9257/2017.

Since the appellants are aggrieved by the order passed by the appellate Court in exercise of powers under provisions of Order XLI Rule 23 of the Code of Civil Procedure, 1908, this appeal under Section 100 of the Code is not maintainable.

Liberty is granted to the appellants to convert the present proceedings into an appeal from order under

2 1207cas415.17 provisions of Order XLIII Rule 1 (u) of the Code. Necessary steps be taken within a period of one week from today.

JUDGE /MULEY/