Ashok Kisan Kadam And ORS v. Ramchandra Balwant Jagadale Since Deceased Thr His Lrs

65-IA-14292-2024+.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai INTERIM APPLICATION NO. 14292 OF 2024 WITH INTERIM APPLICATION NO. 14303 OF 2024 IN SECOND APPEAL (ST) NO. 29699 OF 2024 Ashok Kisan Kadam and Others ...

Applicants/Appellants Vs.

Ramchandra Balwant Jagadale ...

Respondents since deceased through LRs.

Mr. Sharad T. Bhosale for the Applicants/Appellants. CORAM : GAURI GODSE, J.

DATE :

3rd JANUARY 2025 ORDER :

1.

Interim Application No. 14292 of 2024 is for condonation of delay in filing the second appeal. Interim Application No. 14303 of 2024 is for bringing on record heirs and legal representatives of deceased appellant no. 5.

2.

Learned counsel for the appellants submits that the second appeal would raise substantial question of law on the findings recorded by both the courts on the dispute raised on execution of by RAJESHWARI RAMESH PILLAI Date:

2025.01.06 07:17:24 +0200 RAJESHWARI RAMESH PILLAI the suit agreement. He submits that the second appeal would also 1/2

65-IA-14292-2024+.docx raise substantial question of law on the findings recorded on the point raised by the defendants that the agreement was not executed for legal necessity and thus would not be binding upon the defendants who are heirs and legal representatives of the original executor of the suit agreement.

3.

Office is directed to issue notice in both the applications to the respondents.

4.

Notice is made returnable on 28th March 2025. 5.

In addition to court notice, learned Advocate for the appellants to serve the respondents by private service and file service affidavit before the next date.

[GAURI GODSE, J.] 2/2