Court regularised delay in Civil Applications challenging Second Appeal. Allowed addition of delay period and listed matter for future hearing.
Request to add delay of 2070 days in prayer clause of Civil Application No. 674/2021 allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6sa172.2014.odt.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CIVIL APPLICATION (CAS) NOS. 674/2021 AND 675/2021 IN SECOND APPEAL NO. 172/2014
Shamrao s/o Ramlu Pailwar and others. V/s Smt Kantabai wd/o Ganpatrao
Borkuntwar and others.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.
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Shri Amol Mardikar, Advocate for appellant Nos.2 to 4.
Shri A.D. Dangore, Advocate for applicant.
CORAM : S.M. MODAK, J. DATE : 27/10/2021.
Appellant No.1/Shamrao Ramlu Pailwar expired on
11/01/2015. Photocopy of the death certificate is annexed. These two
applications are filed by two sons and two daughters of the deceased -
Shamrao. Their details are given as Appellant Nos. 4(a) to 4(d).
2.The deceased - Shamrao was also having one son by
name Shankar Shamrao Pailwar. Initially, there were four appellants.
The appellant No.1 was deceased – Shamrao, whereas one of his son-
Shankar was appellant No.4. This Court, as per the order dated
26/02/2016 passed on civil application No. 942/2015 was pleased to
delete the name of appellant No.1- Shamrao. The learned Advocate
for these proposed legal heirs of deceased-appellant No.1 contend
that they are not aware about that civil application, whereas learned
Advocate Shri Amol Mardikar is representing the appellant Nos.2 to
4. Yet, the respondents are not served of this civil application. The
applicants to serve copy of this application on the respondents
through their counsel. Copy be also given to the present appellants.
6sa172.2014.odt.
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3. Matter be kept after filing of reply.
4.Oral request to add the delay of 2070 days in the prayer
clause of Civil Application (CAS) No. 674/2021 is allowed.
5. Matter be kept on 16/12/2021.
JUDGE
rkn
Shamrao s/o Ramlu Pailwar and others
Smt Kantabai wd/o Ganpatrao Borkuntwar and others
S.M. MODAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court