Shri. Dilip Ganpatrao Patil (D/H) ... vs Shamshuddin Husen Mulla
2023 Latest Caselaw 3083 Bom

                                                              904-SA-787-2022.doc


 Arjun


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                   SECOND APPEAL NO.787 OF 2022
                              WITH
               INTERIM APPLICATION NO.20461 OF 2022
                               IN
                   SECOND APPEAL NO.787 OF 2022

 Shri. Dilip Ganpatrao Patil                          ...Appellants/
 (Since deceased through legal heirs)                  Applicants
 1A. Smt. Sunanda Dilip Patil & Ors.

         V/s.

 Shamshuddin Husen Mulla                              ...Respondent



 Mr. Prasad Avhad i/b Kuldeep Nikam, for the Appellants/
 Applicants.

                               CORAM : MADHAV J. JAMDAR, J.

DATE : 28th MARCH, 2023

P.C.:

1. Mr. Avhad, learned counsel appearing for the

Appellants states that, by the impugned Judgment and

Decree of the learned First Appellate Court, the Judgment

and Decree passed by the learned Trial Court was set aside

and the matter was remanded back to the learned Trial

Court for fresh hearing.

904-SA-787-2022.doc

2. He submits that, inadvertently the Second Appeal was

preferred. However, he further submits that, in fact, Appeal

from Order is maintainable under Order 43 Rule 1(u) of the

Civil Procedure Code, 1908. Therefore, he seeks liberty to

convert the Second Appeal to Appeal from Order. He also

seeks leave to add grounds in the Appeal.

3. Accordingly, liberty as prayed for is granted.

Amendment be carried out within a period of two weeks.

[MADHAV J. JAMDAR, J.]