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Bombay High CourtMCA/947/2019admittedallwdgrantedrule absolute

Sudhakar S/O Mahadeorao Dhokane v. Shyamrao S/O Sadashivrao Dhokane

2019-09-13Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 cast3459.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.1670 OF 2019 IN MISC. CIVIL APPLICATION (STAMP) NO.14978 OF 2019 IN REJECTED MISC. CIVIL APPLICATION (STAMP) NO.3458 OF 2019 IN SECOND APPLICATION NO.444 OF 2019 (REJECTED SECOND APPEAL STAMP NO.23212 OF 2017) (Sudhakar s/o Mahadeorao Dhokane ..vs.. Shyamrao s/o Sadashivrao Dhokane) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Malode, Counsel for the appellant.

CORAM : R OHIT B. DEO , J.

DATED : 13 - 09 -201 For reasons stated in the application, the delay of 15 days in filing revision application challenging the order passed by the Registrar (Judicial) is condoned. 2.

The application is disposed of accordingly.

Misc. Civil Application (Stamp) No.14978 of 2019 For reasons stated in the application, the order dated 27-6-2019 passed by the Registrar (Judicial) is set aside.

2.

The application is allowed.

CIVIL APPLICATION (Stamp) NO.3459 OF 2019 For reasons stated in the application, the delay of

2 cast3459.19 431 days in filing revision application challenging the order dated 07-12-2017 passed by the Registrar (Judicial) is condoned.

2.

The application is disposed of accordingly.

Misc. Civil Application (Stamp) No.3458 of 2019 For reasons stated in the application, the order dated 07-12-2017 passed by the Registrar (Judicial) is set aside.

2.

The application is allowed.

Second Appeal No.444 of 2019 Issue notice on the following substantial question of law :

Whether, having recorded a finding that the Court commissioner did not carry out the measurement properly, the first appellate Court ought to have remanded the matter to the trial Court or ought to have appointed Court commissioner to measure the property afresh ?

2.

The notice is made returnable on 11-10-2019.

JUDGE adgokar