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Bombay High CourtCRA/128/2015dispossed offdismiss for default

Sharda Omprakash Bajoriya And Another v. Kishor S/O Mukundlal Agrawal And Others

2016-10-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 CRA 128.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL REVISION APPLICATION NO.128 OF 2015 [Sharda Omprakash Bajoriya and one .vs. Kishor Mukundlal Agrawal and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B. Kalwaghe, Advocate for the applicants, Shri M.G. Sarda, Advocate for the respondent nos.1 and 3. ..........

CORAM : Z.A. HAQ, J.

DATED : OCTOBER 10, 2016.

On objection raised on behalf of the respondent nos.1 and 3 that the applicants have remedy of filing appeal under Section 96 and under Order 43, Rule 1 of the Code of Civil Procedure, the learned advocate for the applicants seeks permission to withdraw the civil revision application with liberty to file appeal.

The Civil Revision Application is disposed with liberty, as prayed for.

Shri Kalwaghe, Advocate for the applicants has requested that the interim order granted on 14.12.2015 may be continued for period of one month to enable the applicants to move the District Court for pass appropriate orders in the appeal to be filed by the applicants. The advocate for the respondent nos.1 and 3 has opposed the request.

However, considering the fact that interim order is operating for more than nine months in favour of the applicants, it is continued for period of one month.

JUDGE Gulande

2 CRA 128.15.odt C E R T I F I C A T E "I certify that this order uploaded is a true and correct copy of original signed order."

Uploaded by : A.S. Gulande, P.A.

Uploaded on : 14.10.2016