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Bombay High CourtCAF/4985/2008allowed

Suresh Ganapati Pawar And ANR v. Vasant Laxman Pawar And Othrs

2019-12-18Hon'Ble Shri Justice R.D. Dhanuka3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4985 OF 2008 IN FIRST APPEAL (ST.) NO. 23503 OF 2007 Suresh Ganapati Pawar & Anr.

...Applicants

Versus

Vasant Laxman Pawar & Othrs.

...Respondents

WITH CIVIL APPLICATION NO. 4299 OF 2009 IN FIRST APPEAL (ST.) NO. 23503 OF 2007 Suresh Ganapati Pawar & Anr.

...Applicants

Versus

Vasant Laxman Pawar & Othrs.

...Respondents

WITH CIVIL APPLICATION NO. 4300 OF 2009 IN FIRST APPEAL (ST.) NO. 23503 OF 2007 Suresh Ganapati Pawar & Anr.

...Applicants

Versus

Vasant Laxman Pawar & Othrs.

...Respondents

WITH CIVIL APPLICATION NO. 18567 OF 2019 IN 1/3

FIRST APPEAL (ST.) NO. 23503 OF 2007 Suresh Ganapati Pawar Decd. Thr. LRs.

Madhuri Suresh Pawar & Ors.

...Applicants

Versus

Vasant Laxman Pawar & Othrs.

...Respondents

---------- Mr. Omkar Nagvekar ib Mr. P. R. Arjunwadkar - Advocate for the applicant/appellant.

Mr. Bhushan A. Walimbe - Advocate for the respondent no. 1. Nikhil N. Pawar - Advocate for the respondent nos. 17 & 19 to 23.

---------- CORAM :

R. D. DHANUKA, J.

DATE : 18th DECEMBER 2019.

P.C. :

Heard learned counsel appearing for the parties present in Court.

2. The applicants have made out case for recall of the order dated 10th June, 2008 by this Court in Civil Application No. 3005 of 2008.

3. Order is recalled for the reasons recorded in the Civil Application. The Civil Application No. 3005 of 2008 is restored to file.

4. In view of the pecuniary jurisdiction of the District Court, to entertain these proceedings the first Appeal as well as pending Civil Applications shall be transmitted to the 2/3

appropriate District Court. Office is accordingly directed to transmit the entire records and proceedings of the First Appeal including the pending applications, in First Appeal Stamp No. 23503 of 2007 to the concerned District Court, expeditiously.

5. The Civil Application No. 4985 of 2008 is allowed. No order as to costs.

[R. D. DHANUKA, J.] 3/3