Shabir Imam Kalot And ORS v. Bashir Usman Raut And ORS

48-IA-2670-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2670 OF 2025 Shabir Imam Kalot and Ors.

... Applicants Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.02.28 13:38:03 +0530 vs.

MANGALTAI JAYWANT JADHAV Bashir Usman Raut and Ors.

... Respondents Mr. Dattatray H. Pawar for the Applicants.

Mr. Bhushan Jadhav i/b Mandar Bagkar for Respondent No.2B. CORAM : GAURI GODSE, J.

DATED : 25th FEBRUARY 2025 ORDER:

1.

Learned counsel for the appellants seeks leave to convert the second appeal into appeal from order. The impugned order refusing to re-admit the first appeal would be appealable under clause (t) of Rule I Order 43 of Code of Civil Procedure. Hence, the applicants are permitted to convert the second appeal into appeal from order. 2.

Amendment to be carried out in the appeal as well as in the delay condonation application within four weeks from today. 3.

After amendment is carried out, office is directed to convert the second appeal into appeal from order and list it under the caption 'for fresh admission'.

(GAURI GODSE, J.)