Sunanda Lakhuji Atram And Others v. Ku. Lata Kaoduji Burande And Others

903-CAS-1316-17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.1316 OF 2017 IN SECOND APPEAL ST. NO.10940 OF 2017 Sunanda Lakhuji Atram, Pombhurna, Dist. Chandrapur and ors. -vsLata Kaoduji Burande, Gondpipri, Dist. Chandrapur and ors. ------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------------------------- Shri P. A. Gode, Advocate for applicants/appellants. Shri G.

H.

Sharma, Advocate for nonapplicants/respondents.

CORAM : A.S.CHANDURKAR, J.

DATE : June 12, 2018.

Perused the application. The reasons for cause of delay are mentioned in paragraph 2 of the application.

The prayer as made is opposed by the learned counsel for the non-applicants. However, considering reasons mentioned, the delay in filing the appeal stands condoned.

Civil Application is allowed and disposed of. SECOND APPEAL ST. NO.10940 OF 2017 The learned counsel for the respondents submits that in view of judgment of Full Bench in Prabhakar Sambhu Chaudhary vs. Laxman Baban Mali and ors. 2016(3) Mh.L.J. 202 it is not necessary to frame a substantial question while considering the second appeal.

Considering the aforesaid decision, the Second Appeal is permitted to be converted into an appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 72(4) of the

903-CAS-1316-17 2/2 Maharashtra Public Trusts Act, 1950. Necessary amendment be carried out within one week.

JUDGE Asmita