Laxmanrao Hanumantrao Baitalwar (Since Deceased) Thr. Lrs. Sushila Wd/O Laxmanrao Baitalwar And ORS v. Karunabai N. Karmarkar (Since Deceased) Thr. Lrs. Nandkishor S/O Rajaram Karmarkar And Others

2025:BHC-NAG:13503 5.cas.203.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.205 OF 2020 IN SECOND APPEAL ST. NO.13767 OF 2019 Laxmanrao Hanumantrao Baitalwar (dead) through LRs .Vs. Karunabai W/o Nandkishor Karmarkar (dead) through LRs Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.S. Mehadia, Advocate for applicants.

CORAM : ROHIT W. JOSHI, J.

DATE : 04/12/2025 1.

The present civil application is filed inter alia praying that filing of certified copy of judgment and decree dated 11.02.2003, passed in Special Civil Suit No.808 of 1995, by the learned 2nd Joint Civil Judge Senior Division, Nagpur, be dispensed with.

2.

It is stated in Paragraph-2 of the application that the office of 2nd Joint Civil Judge Senior Division, Nagpur, has informed that record of the said civil suit is not traceable. The judgment and decree passed by the learned First Appellate Court must have been filed on record in Regular Civil Appeal No.155 of 2012 arising out of the said suit. The present appellants who are also appellants in the Regular Civil Appeal No.155 of 2012 can make a request to the learned First Appellate Court to return the certified copy of the judgment and decree passed by the learned trial Court by placing a photostat copy of the same on record of the said appeal.

5.cas.203.2020.odt 3.

Call report from the 2nd Joint Civil Judge Senior Division, Nagpur, in response to the statement made in Paragraph-2 of the civil application that the record relating to the judgment and decree passed by the learned 2nd Joint Civil Judge Senior Division, Nagpur, in Special Civil Suit No.808 of 1995, is not traceable.

4.

Time for filing certified copy is extended upto 15.01.2026.

CIVIL APPLICATION (CAS) No.264 of 2020 1.

It is stated in the civil application that the appellant No.(1)1(a) has expired on 14.11.2016 and the appellant No.(1)1b who is her legal representatives is already on record.

2.

In view of the statement made in the civil application, permission is granted to delete the name of appellant No.(1)1(a) from the array of the parties. Civil application is disposed of accordingly. CIVIL APPLICATION (CAS) NO.203 OF 2020 1.

For the reasons mentioned in the civil application, delay of 10 days caused in filing second appeal, is condoned. Office is directed to register the appeal. Civil application is disposed of accordingly. 2.

List the Second Appeal for hearing on admission on 17.12.2025.

(ROHIT W. JOSHI, J.) C.L. Dhakate