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Bombay High CourtCAA/80/2014dispossed offdismiss for default

Dilip Narayan Shirke And 2 Others v. Raje Raghujirao S/O Raje Ajitsinghrao Bhonsle And 2 Others

2015-06-17Hon'Ble Shri Justice A.P. Bhangale2 pages

caa80.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAA) NO.80 OF 2014 IN APPEAL AGAINST ORDER NO.46 OF 2009 Dilip Narayan Shirke and ors ..vs..

Raje Raghujirao S/o Raje Ajitsinghrao Bhonsle and ors Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri S.P. Kshirsagar, counsel for Applicants/Resp. Nos.1 and 2. CORAM : A.P. BHANGALE, J.

DATE : JUNE 17, 2015.

Heard.

This is an application for speaking to minutes in respect of order dated 4.5.2009 passed by this court wherein this Court had set aside the impugned order in Appeal Against Order No.46 of 2009 and directed the trial Judge to decide the question of applicants being heirs of Rani Annapurnabai in the final decree proceedings pursuant to judgment dated 27.1.2000. If judgment is rendered to be perused by the trial Court, the trial Court can do so to find out whether the applicants are legal heirs of Rani Annapurna before passing final decree. The trial Court can certainly enter into communication with this Court if at all it finds difficult in implementing order dated 4.5.2009 in Appeal Against Order No.46 of 2009 passed by this Court and it is not for the applicants to seek alteration or .....2/-

caa80.14 modification of the order dated 4.5.2009 by making an application for speaking to minutes. It is for the trial Court to enter into the communication if it has any difficulty to implement the order passed by this Court.

The application is disposed of accordingly.

JUDGE !! BRW !!

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