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Bombay High CourtCAS/50/2025allowed

Sangita Wd/O Ashok Hiranwar And 7 ORS v. Deokabai Wd/O Keshaolal Hiranwar And 19 ORS

2026-04-18Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

8.8.sa.284.2009.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO.284 OF 2009 Deokabai Wd/o Keshaolal Hiranwar and others .Vs.

Welcome Cooperative Housing Society, Nagpur and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. U.A. Gosavi, Advocate for appellant No.5. Mr. Masood Shareef, Advocate for respondent No.1. Mr. Alok Daga, Advocate for respondent Nos.2 to 4. Mr. M.N. Ahmad, Advocate for Intervenor.

CORAM : ROHIT W. JOSHI, J.

DATE : 18/04/2026 CIVIL APPLICATION (CAS) NO.08 OF 2024 1.

The present application is filed seeking intervention in the appeal. It appears that similar application made by father of the present applicant was rejected by the learned First Appellate Court. The applicant is also appellant No.4 in connected Second Appeal No.356 of 2009. The subject matter of both appeals is same. Both appeals are normally listed together. It is hereby ordered that both the appeals be heard together. This should be sufficient to take care of interest of the applicant in the present civil application. However, since the learned advocate for the applicant is not present, civil application be listed for consideration at the time of final hearing of the appeal.

8.8.sa.284.2009.odt CIVIL APPLICATION (CAS) NO.50 OF 2025 IN SECOND APPEAL NO.356 OF 2009 2.

The applicant is arrayed as respondent No.19 to the present appeal. The appellants have executed a registered sale deed with respect to the suit property in favour of the respondent No.19 during pendency of the first appeal.

3.

In view of the aforesaid, having regard to the Order XXII Rule 10 as also Order I, Rule 10 of the CPC, so also having regard to the record which indicates that appellants are not prosecuting the appeal diligently application for transposition of respondent No.19 as appellant No.9 is allowed.

4.

Amendment be carried out on or before 30.04.2026.

(ROHIT W. JOSHI, J.) C.L. Dhakate