Kantabai Mohanlal Chaudhari v. Kesarbai Mohanlal Chaudhari

1 37-sa-37-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 997 OF 2024 IN SECOND APPEAL NO. 37 OF 2016 Kantabai Mohanlal Chaudhari Vs.

Kesarbai Mohanlal Chaudhari and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri S. G. Karmarkar, Advocate for appellant. Shri Soumitra Paliwal, Advocate for respondent no. 1/intervenor. Shri M. P. Kariya, Advocate for respondent no. 2. CORAM :- M. W. CHANDWANI, J.

DATED :- 25.03.2025 Heard.

2.

The application has been filed by the intervenors to be joined as party-respondent in the appeal. It appears that on the last date i.e. on 04.03.2025, the order of issuance of notice to the proposed respondents is wrongly came to be issued. Hence, the order of issuance of notice is recalled. 3.

Shri Karmarkar, learned counsel for the appellant submits that he has no objection to add the applicant nos. 1 and 2 as party-respondent in the appeal since they are the subsequent purchaser.

RR Jaiswal

2 37-sa-37-18.odt 4.

Hence, for the reason mentioned in the application and no objection given by the appellant, the application is allowed.

5.

The appellant is directed to amend the memo of appeal by adding applicants as partyrespondents. SECOND APPEAL NO. 37 OF 2016 6.

Learned counsel for the appellant submitted that he is unable to file private paper-book since the R&P is not received by this Court.

7.

Shri S. S. Paliwal, learned counsel for respondent is permitted to place on record a copy of the paper-book of the First Appellate Court with a assurance that he will supply a copy of the said paper-book to the appellant in advance.

8.

Stand over two weeks.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 26/03/2025 16:58:41 RR Jaiswal