Allowed interim application seeking restoration of a non-compliant civil appeal to prevent hardship to original claimants, subject to a no-interest undertaking for the delay.
Application allowed in terms of prayer clauses (a) and (b) and disposed of.
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.
Shubhada S Kadam 510-ia-1777-2023 in fa-552-2012.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1777 OF 2023 IN FIRST APPEAL NO.552 OF 2012
Sunita Rajendra Kulkarni & Ors. ….Applicants Versus Mahadeo Janu Kanekar & Ors. ….Respondents
Mr. Nimesh Lotlikar i/b. Mr. Varun V. Thokal, Advocate for the Applicants.
CORAM : S. G. DIGE, J.
DATE : 23rd FEBRUARY 2023.
P.C. :
(Coram : K.K.Tated, J.) by order dated 30th August 2012 admitted the appeal filed by the appellant and directed to file paper book within a period of one year but the said order is not complied, hence, the appeal is dismissed. Learned counsel further submits that the applicants are the original claimants. They have challenged the order passed by the Tribunal. If the appeal is not restored, the claimants would suffer. The Advocate on record did not inform the
Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2023.02.28 19:23:54 +0530
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Shubhada S Kadam 510-ia-1777-2023 in fa-552-2012.doc
claimants about the directions given by this Court. Hence, requested to allow the application.
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Sunita Rajendra Kulkarni & Ors.
Mahadeo Janu Kanekar & Ors.
S. G. DIGE
As recorded by the court registry
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