Shantabai Wd/O Chhotelal Gupta v. Rajesh Madanpuri And Others

2904cao1757.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 1757 of 2015 IN CIVIL APPLICATION (CAS) NO. 4 OF 2015 IN SECOND APPEAL NO. 326 OF 2002 Shantabai Chotelal Gupta Vs. Rajesh Madan Puri & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri V. V. Bhangade Adv for appellant.

Shri R. Tajne Adv for respondent nos. 1, 2 & 4. CORAM: A. S. CHANDURKAR J.

DATED: 29th APRIL, 2016.

Prayer in the application is to recall the order dated 02.09.2015 and restore the Civil Application No. 4 of 2015. Civil Application No. 4 of 2015 came to be rejected on the ground that Second Appeal No. 326 of 2002 was already disposed of and hence such application could not have been moved.

Considering the directions issued in paragraph 21 of the judgment dated 03.05.2012 in Second Appeal No. 326 of 2002 it cannot be said that the prayer made in Civil Application No. 4 of 2015 could not have been made. In view of aforesaid the order dated 02.09.2015 is recalled and the application bearing Civil Application no. 4 of 2015 is restored to file. It is made clear that this Court has not entered into merits of the prayers made in Civil Application No. 4 of 2015. Civil Application is allowed and disposed of. JUDGE svk