Arvindpal S/O Mahetabpal Singh v. Annusayabai @ Anubai W/O Bansinath @ Bansilal Raut And Others

caf 227.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 227 OF 2019 with CIVIL APPLICATION (CAF) NO. 228 OF 2019 in FIRST APPEAL (ST.) NO. 22217 OF 2018 [Arvindpal s/o Mahetabpal Singh Vs. Annusayabai @ Anubai w/o Bansinath @ Bansilal Raut and ors.] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order__________________________________________________________ Shri A. C. Khare, Advocate for the appellant Shri A. W. Paunikar, Advocate for respondent nos. 5(1) & 5(2) CORAM : M. G. GIRATKAR, J.

DATE : 16/07/2019 Heard learned Advocate Shri Khare for the appellant and Shri Paunikar, learned Advocate for respondent nos. 5(1) & 5(2).

None appeared for respondent nos. 1 to 4 and 6, though served.

The delay is of 1031 days and the same is caused because the judgment was passed ex-parte against the appellant. When he came to know, at the time of execution, he filed present appeal.

Looking to the grounds mentioned in the application, the application is allowed. The delay is condoned. Appeal be registered.

caf 227.2019.odt FIRST APPEAL (FA) NO. OF 2019 Heard.

Admit.

Shri Paunikar, learned Counsel waives notice on behalf of respondent nos. 5(1) and 5(2).

Issue notice to respondent nos. 1 to 4 and 6 returnable on 13.08.2019.

Call R & P.

CIVIL APPLICATION (CAF) NO. 228 OF 2019 Heard.

Looking to the grounds mentioned in the application, the application is allowed. Stay is granted to the impugned judgment until further order.

JUDGE SMGate