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Bombay High CourtIA/8228/2025disposed off

Ms. Sadhana Prafullachandra Gavali (Since Deceased Through Lrs.1.1 Shirish P. Gavali And ORS. v. Bilal Essak Parihar (Since Deceased Through Lrs. 1.1 Shabab Bilal Parihar And ORS.

2025-05-08Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna1 pages

906-IA-8228-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8228 OF 2025 IN FIRST APPEAL NO. 375 OF 2019 Sadhana Prafullachandra Gavali ...Applicants

IN THE MATTER BETWEEN

Sadhana Prafullachandra Gavali and others.

...Appellants

Versus

Bilal Essak Parihar (since Deceased Through Lrs. 1.1 Shabab Bilal Parihar And Ors.

...Respondents

__________ Adv. Amol Mhatre a/w Adv. Sonal Dabholkar, for the Appellants. Adv. Hemant Ghadigaonkar a/w Om Gandhi, for Respondent 1(a), 1(d). __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

08 MAY 2025 P.C :

1.

Leave to amend is granted in Interim Application No. 8288 of 2025, in terms of the amendment handed over. Let the amendment be carried out forthwith.

2.

This interim application prays for restoration of this first appeal which came to be dismissed in pursuance of an order dated 18 April 2019, on the ground of non filing of the paper book as directed. There is a substantial delay in filing the interim application. However, the respondent has no objection, as it is stated that the parties intend to settle the dispute and to that effect consent terms are entered between the parties, which are being filed in the first appeal. In the aforesaid circumstances, the application is required to be allowed. 3.

It is accordingly allowed in terms of prayer clause 'A' and 'B'. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] Mayur