Ravindra S/O Bhimrao Pande And ... vs Sau Kusum W/O Ambadas Gohad And ...
2021 Latest Caselaw 14911 Bom

Order                                                                                  12 mca 147-2021
                                                   1

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

              MISC. CIVIL APPLICATION (RESTORATION) NO.147/2021
                                       IN
                           SECOND APPEAL NO.131/2014
                              Ravindra s/o Bhimrao Pande and others
                                               Vs.
                            Sau. Kusum w/o Ambadas Gohad and others.
Office notes, Office Memoranda of
Coram, appearances, Court's orders                         Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri T.U. Tathod, Advocate for appellants.
                                         Shri M.P. Sagdeo, Advocate for respondent nos.1 and 2.

                                         CORAM : S.M. MODAK, J.

DATE : OCTOBER 12, 2021.

It is true that the second appeal was dismissed earlier on more than one occasion. Lastly, it was dismissed on 18/02/2020. This is an application for restoration of that appeal. Both the learned Advocates have shown readiness to argue the second appeal also, if it is restored.

2. With the assistance of both the learned Advocates, I have perused the record of Second Appeal No.131/2014. It seems that the appeal is yet not admitted. There is no order of calling of record.

3. In the dismissed second appeal, the present appellants have challenged the correctness of the judgment passed in RCA No.225/2008. This is the appeal preferred by the present appellants. Whereas the First Appellate Court, by the same judgment dated 04/05/2012 was pleased to dispose of Regular Civil Appeal No.217/2008. It was filed by present respondents/original plaintiffs thereby asking for

Order 12 mca 147-2021

modification of the shares granted by the Trial Court.

4. Regular Civil Appeal No.218/2008 was allowed and shares were modified. Today, it is submitted on behalf of the appellants that now the appellants intend to file the correctness of that judgment also and an application for condonation of delay Stamp No.10401/2021 is filed.

5. Without expressing any comment about merits of that delay condonation application bearing Stamp No. 10401/2021 be tagged to this appeal. It is made clear that it be listed separately on the daily board.

6. Both the parties are at liberty to file copy of private paper book of the first appeal and the documents relied upon before the Trial Court.

7. Matter be kept on 28/10/2021. Interim relief be continued till next date.

JUDGE R.S. Sahare