Anshu Rameshchandra Dhuria vs Mr. Narayanbhai Patel
2022 Latest Caselaw 7792 Bom

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                                                   10.CAC.13.2018.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             APPELLATE SIDE CIVIL JURISDICTION

            INTERIM APPLICATION NO. 17030 OF 2022
                              IN
      CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017

Anshu Rameshchandra Dhuriya                 ... Applicant
IN THE MATTER BETWEEN
Gulabi Devi Rameshchandra Dhuriya & Anr.    ... Applicants.
     Vs
Narayan B. Patel                            ... Respondent.

                            WITH
              CIVIL APPLICATION NO. 387 OF 2019
                              IN
      CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017

Ishrajidevi wd/o Banarsilal Dhuria
(since deceased) & Ors.                     ... Applicants
      Vs
Mr. Narayanbhai Patel                       ... Respondents

                             WITH
               CIVIL APPLICATION NO. 13 OF 2018
                              IN
      CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017

Ishrajidevi wd/o Banarsilal Dhuria (since
Deceased) And Ors.                          ....Applicants
      V/S
Mr. Narayanbhai Patel                       ....Respondent

                             WITH
               CIVIL APPLICATION NO. 14 OF 2018
                              IN
      CIVIL REVISION APPLICATION (ST) NO. 30381 OF 2017

Ishrajidevi Wd/o Banarsilal Dhuria (since
Deceased) & Anr.                            ....Applicants
      V/S

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Mr. Narayanbhai Patel                                  ....Respondent

Mr. Rakesh Kumar R. Tiwari for the applicants.
None for the respondents.

                                CORAM : NITIN W. SAMBRE, J.

DATED : 10th AUGUST, 2022 P.C.:

IA/17030/2022

1. This Interim Application is taken out by the applicant to

amend the Civil Revision Application for the reasons disclosed in

the Interim Application.

2. The Interim Application stands allowed. The appropriate

amendment to be carried within a period of four weeks from today.

CAC/387/2019

3. This Civil Application is taken by the applicants/plaintiffs

seeking stay to the judgment dated 20/03/2017 passed in Appeal

No. 135 of 2010 wherein the applicants are saddled with the cost

of Rs.1,00,000/-.

4. Heard Mr. Tiwari, learned counsel appearing for the

applicants.

5. According to him the prayer for ad-interim relief be

adjourned so as to seek instructions, as to when the applicants are

willing to deposit the said amount.

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6. In the aforesaid background, if within four weeks from today,

the cost of Rs.1,00,000/- is deposited by the applicants in this

Court, the amount so deposited by applicants be made in the fix

deposit for a period of three years. If the amount is not deposited

by the applicants, the Civil Application shall stands dismissed

without further reference to the Court.

CAC/13/2018

7. This Civil Application is taken out by the applicants for

condoning the delay in filing the Civil Revision Application.

8. Though served, none appeared for the non-applicant.

9. As such, for the reasons stated in the Civil Application, the

Civil Application is allowed in terms of prayer clause (a).

CAC/14/2018

10. This civil application is taken out by the applicants claiming

that the applicant nos. 1a & 1b be permitted to represent the

interest of applicant nos. 2a & 2b.

11. Let there be a notice to the non-applicant on the said CA,

returnable on 21/09/2022.

12. In addition to Court notice, Applicants are permitted to serve

the non-applicant through registered post A.D./Speed post and file

affidavit of service before the returnable date. If service is not

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10.CAC.13.2018.doc

completed before the returnable date, interim relief shall stand

vacated without further reference to the Court.

ANANT     Digitally signed
          by ANANT
                                                      (NITIN W. SAMBRE, J.)
KRISHNA   KRISHNA NAIK
          Date: 2022.08.11
NAIK      11:52:15 +0530




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