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Bombay High CourtCAS/1187/2022disposed off

Shri Narendra S/O Natthuji Harode v. Shri Kailash S/O Natthuji Harode

2022-11-22Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 924 SA 423-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.1187/2022 IN SECOND APPEAL NO.423/2022 Shri Narendra s/o Natthuji Harode Vs.

Shri Kailash s/o Natthuji Harode - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.R. Agrawal, Advocate for appellant Shri S.S. Sitani, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

22/11/ By this application, the applicant is seeking exemption from submitting certified copy of the judgment and decree in Special Civil Suit No.288/1991. It is submitted that he applied for certified copy on 01/12/2021 but not received the same as record is not traceable. In such circumstances, application is allowed.

2.

Filing of certified copy of Special Civil Suit No.288/1991 is dispensed with.

3.

If during the pendency of appeal, the appellant receives the certified copy of the judgment he shall place the same on record of this appeal. 4.

Application stands disposed of.

CIVIL APPLICATION (CAS) ST. NO.3543/2022 The present application is filed for condonation of delay. However, office note shows that

2 924 SA 423-2022 as per the Hon'ble Supreme Court's order dated 10/01/2022, the said appeal is well within limitation. As such application is allowed.

2.

Delay if any is hereby condoned.

3.

The application stands disposed of as nothing survives in the application. List the matter for hearing on application for stay and main appeal on 05/12/2022.

4.

Learned Counsel for respondents make a statement that in the meanwhile, he will not take any coercive steps.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE