Pralhad Maruti Barge Deceassed And ORS v. Dattatreya Hanmant Barge Deceassed And ORS

53-ia-10147-2024-sa-845-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10147 OF 2024 IN SECOND APPEAL NO. 845 OF 2015 Usha Pralhad Barge ... Applicant

IN THE MATTER BETWEEN

Shri Pralhad Maruti Barge ... Appellant vs.

Dattatray Hanmant Barge Deceased ... Respondent Mr. Kayval P. Shah for Applicant.

CORAM : GAURI GODSE, J.

DATED : 26th AUGUST 2024 ORDER:

SECOND APPEAL NO. 845 OF 2015 1.

This Second Appeal challenges the order passed under Rule 19 Order XLI of the Civil Procedure Code, 1908('CPC') refusing to re-admit the appeal. Hence, the order is appealable under clause (t) of Rule (1) of Order XLIII of CPC. Hence, the Second Appeal is not maintainable.

2.

In view of the aforesaid, learned counsel appearing for the appellant seeks leave to convert the Second Appeal into an Appeal from Order. Leave granted. Amendment to be carried out within two weeks.

Page no. 1 of 2

53-ia-10147-2024-sa-845-2015.doc 3.

Office is directed to permit the appellant to carry out the amendment and after the amendment is carried out, office is directed to convert the Second Appeal into an Appeal from Order. (GAURI GODSE, J.) Page no. 2 of 2