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Bombay High CourtIA/12457/2024disposed off

Raghunath Rakhama Kangne Since Deceased Through His Legal Heirs v. Pramod Jagannath Khairnar

2024-10-15Hon'Ble Ms. Justice Gauri Godse2 pages

VARSHA VIJAY RAJGURU by VARSHA VIJAY RAJGURU Date: 2024.10.18 16:05:41 +0530 9-ia-12457-2024-sa-513-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12457 OF 2024 IN SECOND APPEAL NO. 513 OF 2011 Raghunath Rakhama Kangne since deceased through his Legal Heirs and Ors ... Applicants

IN THE MATTER BETWEEN

Raghunath Rakhama Kangne ... Appellant vs.

Pramod Jagannath Khairnar and Anr ... Respondents Mr. Rahul Soman a/w. Ms. Dhanashree Gaikaiwari i/b. Bilawala and Co., for Appellants Mr. Sandeep D. Shinde for Respondents.

CORAM : GAURI GODSE, J.

DATED : 15th OCTOBER 2024 ORDER:

INTERIM APPLICATION NO. 12457 OF 2024 .

1.

This application is for bringing on record the names of heirs and legal representative of deceased sole appellant. 2.

Learned counsel for the applicants submits that the reasons for delay are explained in paragraph nos. 4 to 6 of the application. 3.

Respondents are represented through advocate. Learned counsel appearing for respondents does not raise any serious Page no. 1 of 2

9-ia-12457-2024-sa-513-2011.doc opposition to the reasons stated in the application. I have perused the reasons. The reasons stated in the application are justifiable and acceptable.

4.

For the reasons stated in the application, delay is condoned and application is allowed in terms of prayer clauses (a), (b) and (c). Amendment to be carried out within four weeks. SECOND APPEAL NO. 513 OF 2011 5.

Learned counsel for the appellants submits that the appellants are agreeable to explore the possibility of an amicable settlement. He submits that he shall intimate the proposal of settlement to the learned advocate for the respondent within a week from today.

6.

Learned counsel for respondents seeks time to take instructions. He submits that he shall take instructions and respond to the settlement proposal within a week thereafter. 7.

List the second appeal for 'directions' on 19th November 2024. 8.

It is clarified that if parties are unable to settle the dispute amicably till the next date appropriate date will be fixed for the second appeal.

(GAURI GODSE, J.) Page no. 2 of 2