Nirmala W/O Kishor Badnavre v. Smt. Jayabai W/O Namdeorao Niwalkar (Dead) Through Lrs. Sau. Kusumbai W/O Sheshrao Wandhare And ORS

(1) 36 cas 622-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 622 OF 2024 IN SECOND APPEAL NO. 350 OF 2017 Nirmala W/o Kishor Badnavre Vs. Smt. Jayabai W/o Namdeorao Niwalkar (Dead) through L.Rs. Sau. Kusumkbai W/o Sheshrao Wandhare (Dead) through L.Rs. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- - - - - - Shri D.T. Shinde, Advocate for the appellant CORAM : SMT M.S. JAWALKAR, J.

DATE : 08/01/2025 The present application is filed for grant of early hearing by fixed date. It is submitted that matter was admitted on 15/09/2017. There was restraint order from creating third party right in the suit property. It is further submitted that respondents/defendants even failed to refund the earnest amount of Rs.2,50,000/-, as per judgment and decree within a period of six months and failure to which, 8% interest was directed to be paid. However, till this date, this order has not been complied with. As such, it is prayed to hear the matter finally by fixed date. Considering the reasons stated in the application as well as the fact that second appeal pertains to year 2017, it is more than five years old, I do not see any impediment in allowing the application. The application is allowed.

2.

List the matter for final hearing on 12/02/2025. 3.

Application stands disposed of.

(SMT M.S. JAWALKAR, J.) Jayashree..