Dattatraya Nivrutti Dune v. Fulabai Kom Damu Nanavare Sice Deceased Throuth Legal Heirs

2024:BHC-AS:9860 sa_mandawgad 16iast1981-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1981 OF 2024 IN SECOND APPEAL NO.463 OF 2018 Dattatraya Nivrutti Dune and Anr.

... Applicants.

Versus

Fulabai Kom Damu Nanavare (since deceased), through LRs and Ors.

... Respondents.

--- Ms. Kanta Shinde i/by Mr. A.B. Tajane, for the Applicants. ---

CORAM

: SHARMILA U. DESHMUKH, J.

DATE : FEBRUARY 28, 2024 P. C.:

1.

Not on board. Mentioned. Taken on board.

2.

Interim Application has been preferred seeking recall of the conditional order dated 16th April, 2019 and for condonation of delay of 8 months caused in preferring the Application. By the conditional order, four weeks time was granted to supply the spare copies for issuing the notice to the sole-respondent and for noncompliance of the said order failing which, the Second Appeal to stand dismissed.

3.

For the reasons stated in the Application, the delay is condoned. Application is allowed. Second Appeal is restored to file.

( Sharmila U. Deshmukh, J.) 1/1 Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 01/03/2024 12:02:00