Bombay High CourtCAO/62/2019admittedallwdgrantedrule absolute

Smt. Kamlabai W/O Hemraj Chulpar v. Bakaram S/O Asaram Naik And Others

2019-03-13Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 cao62.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO.62 OF 2019 IN MISC. CIVIL APPLICATION (ST.) NO.26681 OF 2018 IN SECOND APPEAL NO.416 OF 2004 (Smt. Kamlabai w/o Hemraj Chulpar ..vs.. Bakaram s/o Asaram Naik 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 V.R. Borkar, Counsel for the applicant, Shri R.K. Thakkar, Counsel for non-applicant No.1. CORAM : ROHIT B. DEO, J.

DATED : 13-03-2019 For reasons stated in the application, particularly in paragraphs 1 and 2, the delay in filing application for restoration of the second appeal is condoned. The application is disposed of accordingly.

Misc. Civil Application (Stamp) No.26681/2018 For reasons recorded while allowing Civil Application (CAO) 62/2019, the application is allowed. The appeal be restored.

Second Appeal No.416/2004 The learned Counsel for the appellant has filed a praecipe stating that respondent 3 is dead and his legal heirs are on record as respondents 1 and 2. The learned Counsel for the appellant seeks leave to delete respondent 3 from the array of parties. The appellant is permitted to delete respondent 3 at her risk.

2 cao62.19 2.

List the appeal on the hearing parties board. JUDGE adgokar