Namdev Raoba Nale vs Smt. Sarubai Namdev Name
2022 Latest Caselaw 10302 Bom

                       204.SA.583.94.doc.


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.10.07
                                        SECOND APPEAL NO.583 OF 1994
          10:00:30
          +0530



                        Namdev Raoba Nale                                  ..Appellant
                             Versus
                       Sau. Sarubai Namdev Nale
                       Since deceased through legal heirs
                       Uttam Namdev Nale & Ors.                            ..Respondents

                                                   WITH
                                        SECOND APPEAL NO.617 OF 2015

                       Shri Maruti Namdeo Nale & Anr.                      ..Appellants
                             Versus
                       Shri Uttam Namdeo Nale & Ors.                       ..Respondents

                       Mr. Rahul S. Kate, for the Appellant in SA/583/1994.
                       None for the Appellants in SA/617/2015.
                       Mr. P. B. Shah a/w Gunjan Shah, for Respondent Nos.1 to 5 in
                       SA/583/1994 & for Respondents No.2 in SA/617/2015.

                                                     CORAM : NITIN W. SAMBRE, J.

DATE : 6th OCTOBER, 2022

P.C.

1. Heard Mr. Rahul Kate, counsel appearing for the appellant and Mr. P. B. Shah for the Respondents.

2. Relying on the judgment of the Apex Court in the matter of Ashok Sadarangani and Anr. v/s Union of India and Ors. reported in (2012) 11 SCC 321, a submission is made that both the second

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204.SA.583.94.doc.

appeals can be heard, even if before the Apex Court a reference to the larger bench is pending. According to him, when the order dated 16th March, 2022 was passed deferring the hearing in the present appeal, the aforesaid order in the matter of Ashok Sadarangani (cited supra) was not brought to the notice of this Court.

3. In the wake of above, particularly, the judgment of the Apex Court in the matter of Ashok Sadarangani (cited supra), in my opinion, the second appeals can be listed for final hearing.

4. Accordingly, matter be added in the final hearing board in the week commencing from 9th November, 2022.

                                         [NITIN W. SAMBRE, J.]




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