Shri. Surinder Singh S/O Beant Singh Hoda And ANR. v. Lalchand S/O Gagandas Moryani (D) Thr. Lrs. Mayadevi Wd/O Lalchand Moryani And Others

1 fa1415.09

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.66/2015 & M.C.A. NO.26/2015 IN FIRST APPEAL NO.1415/2009 Shri Surinder Singh s/o Beant Singh and another ..Versus..

Lalchand s/o late Shri Gangadas Moryani through L.Rs. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 28.1.2015 Heard Shri S.L. Kotwal, advocate for the appellants and Shri H.S. Chitaley, advocate h/f Shri A.A. Naik, advocate for the respondents 1(a) to1(d), 2 and 3.

The appeal is dismissed against the respondent no.4 as she could not be served with the notice of this appeal. The appellants have filed application praying for restoration of the appeal against the respondent no.4 and as there is delay of 19 days in filing the

2 fa1415.09 application, the application for condonation of delay is also filed. Considering the facts of the case, the delay of 19 days in filing the appeal is condoned and the order passed by the learned Registrar (J.) on 2 nd July, 2013 pursuant to which the appeal was dismissed against the respondent no.4 is set aside. The appeal is restored against the respondent no.4.

FIRST APPEAL NO.1415/2009 On amendment being carried out in the cause title of the memorandum of appeal, issue notice of the first appeal to the respondent no.4.

JUDGE Tambaskar.