The High Court permitted the appellants to convert the second appeal into an appeal from an order. The court granted one week to amend the proceedings, with dismissal for non-prosecution if not done.
Permitted conversion of second appeal to appeal from order; one week deadline for amendment.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
SECOND APPEAL NO. 221 OF 2007
Shri Khandu Pandharinath Pawar and others .. Appellants v/s. Sou. Lata Vilas Jadhav .. Respondent
Ms. Pritam Tendulkar for the appellants.
CORAM : A.M. KHANWILKAR, J. DATED : 18TH JULY, 2007
P.C.
Counsel for the appellants fairly accepts that second appeal is not maintainable against the impugned decision. Instead, the appellants will have to file appeal from order. Accordingly, as per the oral request made by the counsel for the appellants, appellants are permitted to convert this proceeding into appeal from order. Necessary amendment be carried out within one week from today, failing which matter to stand dismissed for non-prosecutiion without further reference to court. If the amendment is carried out within time, matter be proceeded to in accordance with law.
(A.M. KHANWILKAR, J.)
Shri Khandu Pandharinath Pawar and others
Sou. Lata Vilas Jadhav
A.M. KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
