Nemichand Lalitaprasad Poddar vs Kisan Savlaram Kashmire
2023 Latest Caselaw 3046 Bom

                                                      7-SA-215-2023.doc


 Shailaja


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                SECOND APPEAL NO.215 OF 2023
                             A/W
            INTERIM APPLICATION NO.2520 OF 2023
                              IN
                SECOND APPEAL NO.215 OF 2023

Nemichand Lalitaprasad Poddar                 ]      Appellant

            Vs.

Kisan Savlaram Kashmire                       ]
(since deceased) through Legal Heirs;         ]
Laxmibai Kisan Kashmire and others            ]      Respondents

                                      .....

Mr. Girish Godbole, Senior Advocate i/b Mr. Sumit Kothari and Mr.
Shivraj Patne, for Appellant.

Ms. Chaitali Bhogale i/b Mr. Satyajeet Dighe for Respondents No.1
(a) and 1 (c) to 8 and 10 to 12.

Mr. Vivek Salunke a/w Mr. Ajinkya Jaibhave, for Respondent No.9.
                              .....


                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 28th March, 2023.

P.C.

1. In view of the order dated 20 th March, 2023 "Not Before the

Bench of which Justice Madhav Jamdar is a member", this second

appeal is placed before this Court.

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2. Ms. Bhogle, holding for Mr. Dighe, seeks an adjournment on

the ground that Mr. Dighe is not well.

3. Mr. Godbole, learned Senior Counsel has invited my

attention to an order passed by this Court on 16 th November, 2010

in Civil Application No.3924 of 2010 in First Appeal No.2608 of

2005.

4. Subsequently, the First Appeal came to be transferred to

Nashik District Court wherein it has been registered as Regular

Civil Appeal No.468 of 2016. Learned District Judge vide judgment

and order dated 14th February, 2023 dismissed the appeal, inter alia,

upon an application moved by the learned Counsel for the appellant

continued the interim relief granted by this Court, as above, for a

period of 30 days which, according to Mr. Godbole expired on 17 th

March, 2023.

5. This being a Second Appeal, the appeal needs to be heard on

substantial question of law.

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6. List the Second Appeal in the week commencing from 26 th

June, 2023.

7. Interim relief will continue to operate till next date.

[PRITHVIRAJ K. CHAVAN, J.]

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