Chhagan Dada Ugalmogale ... vs Uttam Balu Ugalmogale And Ors
2022 Latest Caselaw 13460 Bom

                                                             913-sa-839-2022.doc
Sonali


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION


                              SECOND APPEAL NO.839 OF 2022


         Chhagan Dada Ugalmogale (deceased)
         through legal heirs
         1A. Hanmant Chhagan Ugalmogale & Ors.            ...Appellants
             Versus
         Uttam Balu Ugalmogale & Ors.                     ...Respondents


         Mr. Dilip Bodake, for the Appellants.


                                   CORAM : MADHAV J. JAMDAR, J.

DATED : 22nd DECEMBER 2022

P.C. :

1. Heard Mr. Dilip Bodke, learned counsel appearing for the

Appellants.

2. The Second Appeal is admitted on the following

substantial questions of law:-

i. Whether there are sufficient reasons to condone the delay in filing the Appeal challenging the Judgment and Decree dated 8th November 2016 passed by the learned Joint Civil Judge, Junior Division, Dahiwadi, Tal. Man, Dist. Stara in Regular Civil Suit No.91 of 2006?

ii. Whether the learned First Appellate Court wrongly assumed that the original Plaintiffs have

913-sa-839-2022.doc Sonali

sought exemption to bring on record legal heirs of Defendant No.3 by filing application under Order XXII Rule 4(4) of CPC, as the said application bearing Exhibit 100 has been filed with respect to Defendant No.5 and Defendant No.6.

3. As narrow controversy is involved in the Second Appeal,

the Respondents are put to notice that the Second Appeal will

be heard finally on 30th January 2023, subject to the

convenience of the Court.

4. Issue notice to the Respondents, returnable on 30th

January 2023.

5. In addition to Court notice, the Appellants to serve the

Respondents by private notice and file affidavit of service

before the returnable date.

Digitally signed by SONALI [MADHAV J. JAMDAR, J.] SONALI MILIND MILIND PATIL PATIL Date:

2022.12.23 15:19:20 +0530