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Bombay High CourtCAS/1348/2022allowed

Vinod S/O Madhukar Bhoyar And Others v. Vijay Pandurang Bhoyar And Others

2022-12-23Hon'Ble Smt. Justice M. S. Jawalkar2 pages

905.CAS 1348.22 in SAst. 20844.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 1348 OF 2022 IN SECOND APPEAL (ST.) NO. 20844 OF 2022 Vinod S/o. Madhukar Bhoyar and ors.

...VERSUS...

Vijay Pandurang Bhoyar and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri V.U.Waghmare, Advocate for appellants.

CORAM

:

SMT. M. S. JAWALKAR, J.

DATE :

rd DECEMBER , 2022 The present application is filed for condonation of delay of one day in filing Second Appeal.

2.

It is submitted that due to inadvertent mistake in calculation, one day's delay is caused.

3.

For the aforesaid reason, application is allowed. Delay in filing Second Appeal is hereby condoned.

4.

Registry is directed to register the Second Appeal. SECOND APPEAL (ST.) NO. 20844 OF 2022 Issue notice to the respondents, returnable within three weeks, on the following substantial questions of law:- " Whether both the Courts below were justified in holding that deceased Pandurang had not effected oral partition of suit properties in 2000 between deceased Madhukar and plaintiff no. 1-Vijay ?"

905.CAS 1348.22 in SAst. 20844.22 CIVIL APPLICATION (CAS) NO. 1349 OF 2022 Issue notice to the respondents, returnable within three weeks.

2.

In the meanwhile, parties to maintain status quo as on today. (Smt. M.S. Jawalkar, J.) B.T.Khapekar