Pancham Associates And 2 Ors vs Smt. Vijaya Manohar Sheth And 4 Ors
2022 Latest Caselaw 5932 Bom

                                                           47-OSAPP-183-2013 IN S-3353-2008.DOC




                      Shephali



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                         APPEAL NO. 183 OF 2013
                                                      IN
                                         SUIT NO. 3353 OF 2008


                      Pancham Associates & Ors                                  ...Appellants
                            Versus
                      Vijaya Manohar Sheth & Ors                             ...Respondents

                                                    WITH
                                         APPEAL NO. 72 OF 2014
                                                      IN
                                          SUIT NO. 1234 OF 2008

SHEPHALI              Pramod Pitamber Sheth & Ors                               ...Appellants
SANJAY
MORMARE                     Versus
Digitally signed by
SHEPHALI
SANJAY
                      Vijaya Manohar Sheth & Ors                             ...Respondents
MORMARE
Date: 2022.06.29
11:06:09 +0530




                      Mr Sandeep Mahadik, with Rehan R Momin, for the Appellants in
                           APP/183/2013 & APP/72/2014.
                      Ms Sapna Krishnappa, for Respondents Nos. 1 & 2 in APP/183/2013
                           & APP/72/2014.


                                          CORAM         G.S. Patel &
                                                        Prithviraj K Chavan, JJ.

                                          DATED:        27th June 2022
                      PC:-




                                                27th June 2022

47-OSAPP-183-2013 IN S-3353-2008.DOC

1. The Appeal was admitted on 12th November 2013. It is a First Appeal from a Judgment and Decree dated 5th October 2012.

2. In the meantime, we are informed today that the 1st Respondent has passed away. Leave to amend without need of formal application. Reverification is dispensed with. The heirs and legal representatives of the 1st Respondent will be joined if not already parties by Friday, 8th July 2022.

3. It does not seem that the complete record is before us even though the filing of a formal paper book was dispensed with. That does not, however, mean that there should not be a compilation of the entire record that was before the Court below since this is, after all, a First Appeal.

4. As regards the Record and Proceedings of the lower court in each admitted First Appeal, while these are formally called for, we request the Registry to ask the lower court's registry to transmit electronically a soft copy in in PDF format.

5. The entire record should be serially paginated so that the PDF page numbers correspond to the physical page numbers (which means that every page, including index pages and cover sheets will bear running page numbers).

6. Mr YA Goswami, CPC of this Court, is requested to coordinate. A copy of this order is to be sent to him. The Roznama

27th June 2022 47-OSAPP-183-2013 IN S-3353-2008.DOC

of the lower Court needs to be separately digitized and compiled. All previous orders of this Court in the First Appeals are also to be separately digitized and compiled.

7. All Advocates are entitled to a soft copy of the R & P, if they so wish.

8. As regards hard or soft copies for the Bench, the necessary instructions will be issued at a later date.

9. In addition and to save time, we permit the Appellants to prepare a private paper-book with the record of the Court below. This is to be complete in all respects and duly indexed and paginated.

10. List the matter on 28th July 2022 for final hearing.

11. The compilation is to be prepared by 20th July 2022.

(Prithviraj K Chavan, J) (G. S. Patel, J)

27th June 2022