Deorao S/O Chindhuji Belkhode v. Pandurang S/O Chindhuji Belkhode And Others

sa.143.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.547 of 2021 in Second Appeal No.143 of 2021 Deorao Chindhuji Belkhode vs.

Pandurang Chindhuji Belkhode & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. V.P. Thakre, Advocate for the Applicant/Appellant. Shri A.P. Thakre, Advocate for the Respondents.

CORAM

: S.M. MODAK, J.

DATE : 6 th SEPTEMBER, 2021.

Learned Advocate Shri A.P. Thakre undertakes to file power for all the respondents. Heard both the sides.

Against the judgment passed in R.C.A.

No.724/2016, dated 11/02/2021, there are two proceedings filed in this Court. One is the present proceeding i.e. Second Appeal No.143/2021. It is in respect of an order thereby giving a finding about Gat No.42. The first appellate Court has remanded the suit for fresh consideration. However, at the same time, the first appellate Court had given a finding in respect of Gat No.42. The present appeal pertains to that. However, while drafting the prayer clause, apart from setting aside that order, further prayer is made to set aside the entire order. The order is about remand. However, against the order of remand, A.O. No.11/2021 is separately filed. So, the appellant wants

sa.143.21 2/2 to restrict the prayer clause of the present appeal and that is why this amendment.

Amendment be allowed. Amended copy be served on the respondents. The application is disposed of.

The matter be kept after five weeks.

A.O. No.11/2021 be tagged to the present appeal.

JUDGE *sandesh