Shri. Sambhaji Mahipati Patil And ... vs Shri. Rajaram Bajirao Gurav
2023 Latest Caselaw 5475 Bom

                                                                            9-sa-751-2016.doc
Pallavi

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                     SECOND APPEAL NO.751 OF 2016

          Shri. Sambhaji Mahipati Patil and Anr.                           ...Appellants
                Versus
          Shri. Rajaram Bajirao Gurav                                     ...Respondent

                Mr. Datta H. Pawar, for the Appellants.

                                             CORAM : MADHAV J. JAMDAR, J.

DATE : 12th JUNE 2023 P.C. :

1. Office has put up the report dated 17 th January 2023 of the

learned Joint Civil Judge, Junior Division & J.M.F.C., Panhala, District

Kolhapur seeking extension of time as granted by order dated 11 th

April 2019 passed by a learned Single Judge in Second Appeal

No.751 of 2016. The relevant paragraphs of the said order dated 11 th

April 2019 read thus:-

"10. Thus, taking into consideration facts of the case, impugned judgment and decree dated 23rd February, 2016 passed in Regular Civil Appeal No.161 of 2004 by the District Judge-4, Kolhapur is set aside and Appeal is restored to the file.

11. The learned Joint Civil Judge, Junior Division, Panhala is directed to try the additional issues framed in terms of the order dated 21st December, 2010 passed in Regular Civil Appeal No.161 of 2004 and render the findings afresh after

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affording opportunity of being heard to the plaintiffs and defendants.

12. Parties to the appeal are directed to remain present before the learned Civil Judge, Junior Division, Panhala, District: Kolhapur on 26th June, 2019 as required under Order 41 Rule 26A of the Code of Civil Procedure, 1908.

13. The learned Joint Civil Judge, Junior Division, Panhala shall render the findings on additional issues within six months from the date of appearance of the parties before the Trial Court who shall forward the findings on the additional issues, to the learned Appellate Court in Regular Civil Appeal No.161 of 2004.

14. The learned Appellate Court shall decide the Regular Civil Appeal No.161 of 2004, upon receiving the findings on the additional issues from the learned Trial Judge as expeditiously as possible and preferably within six months therefrom.

15. It is expressly agreed by the parties that they shall not lead evidence on the issues, which are already answered by the learned Judge.

16. Appeal is disposed of in aforesaid terms."

2. On 19th January 2023, learned Ad-hoc District Judge-1 and

Additional Sessions Judge, Kolhapur forwarded a letter dated 17 th

January 2023 of the learned Joint Civil Judge, Junior Division, &

J.M.F.C., Panhala, District Kolhapur. By said letter, a request was

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made for extension of time as directed by clause 13 of said order

dated 11th April 2019.

3. For the reasons set out in the said letter dated 17 th January

2023 of the learned Joint Civil Judge, Junior Division & J.M.F.C.,

Panhala, District Kolhapur, extension of six months is granted.

4. Accordingly the said office report is disposed of.

[MADHAV J. JAMDAR, J.]