Fattu S/O Vishvanath Gajbhiye v. Mukund Shridharrao Thawkar And Others

1 cas422.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAS) NO.422 OF 2019 IN SECOND APPEAL NO.468 OF 2016 (Fattu s/o Vishvanath Gajbhiye ..vs.. Mukund Shridharrao Thawkar 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 Anjan De, Counsel for the appellant, Shri C.B. Dharmadhikari, Counsel for respondent 1, None for respondents 2, 3 and 4.

CORAM : ROHIT B. DEO, J.

DATED : 03-05-2019 This Court was not inclined to grant further time to deposit the balance amount in compliance with the order dated 18-12-2018.

2.

However, as an indulgence, two weeks time is granted to deposit the amount of Rs.2,37,500/-. If the said amount is not deposited within two weeks, the second appeal shall stand dismissed without any further reference to Court with costs of Rs.5,000/-, to be deposited with the High Court Bar Association, Nagpur. If the second appeal is dismissed for non-compliance of this order, the registry to ensure that the direction to pay costs is complied with.

Civil Application 464 of 2019 The application is allowed.

2.

The legal heirs of deceased respondent 1 be

2 cas422.19 brought on record. The cause title be corrected appropriately.

3.

Shri C.B. Dharmadhikari, learned Counsel waives service for the legal heirs of respondent 1.

JUDGE adgokar