Sayyad Iqbal Sayyad Ismail Ustad vs Audumbar Ranganath Kotalwar ...
2021 Latest Caselaw 10621 Bom

                                    (1)


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD


                    10 SECOND APPEAL NO.34 OF 2019
                    WITH CA/9223/2018 IN SA/34/2019

           SAYYAD IQBAL SAYYAD ISMAIL USTAD
                           VERSUS
      AUDUMBAR RANGANATH KOTALWAR (DIED) LRS
                 PRABHAVATI ANDOTHERS
                              ...
 Advocate for Appellant : Mr. Sayyad Nadeem, Adv. h/for Mr.
                   Thorat Chandrakant R.
   Mr. Vinod S. Salve, Adv. h/for Mr. G. R. Syed, Adv. For
                        Respondents.
                            -----

                               CORAM :    SMT.VIBHA KANKANWADI,J.

                               DATE :     9th August, 2021.

 PER COURT :-

1. Learned Advocate Mr. Sayyad Nadeem, holding

for learned Advocate Mr.Thorat, seeks accommodation. A

praecipe has been taken by learned Advocate Mr. Syed.

2. What can be gathered from the record is that

learned Advocate for the appellants has not removed the

office objections though this Court had passed a specific

order on 8.1.2020. Another point that requires to be noted

is that on the Vakalatnama filed by Advocate Mr. Syed,

Respondent No.1/1 - Parbatbai Audumber Kotalwar, has

been shown as dead. However, if we consider the judgment

of the Appellate Court as also the decree that has been

drawn by the Appellate court, there is no such endorsement.

If she had expired after pronouncement of the judgment by

the First Appellate court, then there ought to have been

compliance under Order 22 Rule 10-A of CPC by the learned

Advocate for the respondents.

3. Civil Application No.9221/2018 was filed by the

present appellants for condoning the delay of 59 days

caused in preferring the Second Appeal. Even at that time,

learned Advocate Mr. Syed had not pointed out that

Parvatibai has expired. When this aspect was pointed out to

learned Advocate Mr. Syed, he submits that he would take

instructions. He should take the instructions and make

submissions in proper way and if possible along with a copy

of Death extract.

4. S.O. to 24.8.2021.

(SMT. VIBHA KANKANWADI) JUDGE

BDV