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Bombay High CourtIA/16372/2023disposed off

Shrikant Annappa Shinde And ANR. v. Khiraling Basavannappa Shingshetty And ORS.

2023-10-17Hon'Ble Shri Justice Rajesh S. Patil2 pages

KVM 1/2 905 - IA 16372 OF 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2023.10.17 16:55:45 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16372 OF 2023 IN FIRST APPEAL NO. 344 OF 2011 Shrikant Annappa Shinde & Anr.

..... Applicants

IN THE MATTER BETWEEN

Shrikant Annappa Shinde & Anr.

..... Appellants

VERSUS

Khiraling Basavannappa Shingshetty & Ors.

..... Respondents Mr.Prashant P.Kulkarni for the Applicants/Appellants. Mr. A.M.Kulkarni i/b. Mr.A.P.Shinde for the Respondent Nos. 1 to 4. CORAM: RAJESH S. PATIL, J.

DATE : 17th OCTOBER, 2023 P.C:- This interim application is filed for restoration of the First Appeal which was dismissed by a common order dated 24th January, 2019.

2.

Mr.Kulkarni, holding for Mr.Shinde appearing for the original claimants has no objection if this interim application is allowed.

KVM 2/2 905 - IA 16372 OF 2023.doc 3.

Heard and going through the interim application, case is made out to allow this interim application.

4.

Interim application is allowed in terms of prayer clauses (a) and (b).

5.

Interim application is accordingly disposed off. 6.

Only for the sake of clarification, it is clarified that as this interim application is allowed, interim order passed in First Appeal No. 344 of 2011, dated 11th March, 2011 is automatically restored. [RAJESH S. PATIL, J.]