Ismail Jangali Khalif(Since ... vs Ishwar Appaya Gundali(Since ...
2023 Latest Caselaw 3606 Bom

                                           907 SA 140.23 with IA 1550.23.doc


 Dusane

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                SECOND APPEAL NO.140 OF 2023
                            WITH
             INTERIM APPLICATION NO.1550 OF 2023



 Ismail Jangali Khalif                     ...Appellants
 (since deceased) through LRs
 Sikandar Ismail Khalif & Ors.

         V/s.
 Ishwar Appaya Gundali                     ...Respondents
 (since deceased) thru LRs
 Smt. Housabai Ishwar Gundali
 (since deceased)
 Ashok Ishwar Gundali & Ors.



 Mr. Anand S. Patil for Appellants/Applicants.

                               CORAM: MADHAV J. JAMDAR, J.

DATE: 11th APRIL 2023

P.C.:

1. Mr. Patil, learned Advocate appearing for the Appellants

states that by the impugned judgment and decree of the learned

First Appellate Court dated 30th January 2020, the decree passed

by the learned Trial Court dated 27th November 2006 in Regular

Civil Suit No. 188 of 1997 was set aside and said suit was

907 SA 140.23 with IA 1550.23.doc

remanded back to the learned Trial Court for re-trial. He,

therefore seeks liberty to convert the Second Appeal into Appeal

from Order.

2. Liberty as aforesaid is granted. Amendment be carried out

within 14 days from today.

(MADHAV J. JAMDAR, J.)