Disposed

Balbhim Bapu Anpat v. Dilip Namdeo Yadav

Bombay HC13 Nov 2024IA/488/2024

Case brief

AI extract

What is this about?

Applicant sought leave to withdraw an interim application and second appeal to file a restoration application before the District Court, Baramati. Leave granted; proceedings withdrawn with liberty, and a related application disposed of as infructuous.

What did the court decide?

Liberty granted to file restoration application before District Court, Baramati; pendency benefit allowed for condonation of delay.

Balbhim Bapu Anpat vs Dilip Namdeo Yadav — Property and Title | Bombay HC (2024)

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47.490.24 ia.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 490 OF 2024 INTERIM APPLICATION NO. 488 OF 2024 IN

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SECOND APPEAL ST NO. 32000 OF 2023

Balbhim Bapu Anpat

.....Applicant

Vs.

Dilip Namdeo Yadav

.....Respondent

Mr. Bhalchandra S. Shinde for the applicant

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CORAM : GAURI GODSE, J.

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IRESH MASHAL

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DATE : 27^th NOVEMBER 2024

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Digitally signed by IRESH MASHAL Date: 2024.11.28 12:36:12 +0530

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ORDER:

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INTERIM APPLICATION NO. 490 OF 2024:

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1. Learned counsel for the applicant on instructions of the applicant

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seeks leave to withdraw the present application and the second appeal with liberty to file appropriate application before the District Court for restoration of the Miscellaneous Application No. 23 of 2023. He submits that since the application was dismissed for non removal of office objections, the applicant would take steps to remove office

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objections and file appropriate application for restoration of

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1/2

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47.490.24 ia.docx

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Miscellaneous Application No. 23 of 2023.

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Leave granted with liberty as prayed. Interim Application No. 490 of 2024 and Second Appeal St No. 32000 of 2023 are permitted to be withdrawn with liberty to file appropriate application before the District Court at Baramati for restoration of Miscellaneous Application No. 23 of 2023.

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If any such application is filed, the same to be decided in accordance with law by giving an opportunity to the applicant to remove office objections.

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It is clarified that the applicant would be entitled to seek benefit of the pendency of present proceedings for seeking condonation of delay, if any, in filing the application before the District Court, Baramati.

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Interim Application No. 490 of 2024 and Second Appeal St No. 32000 of 2023 are disposed of as withdrawn with aforesaid liberty.

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In view of dismissal of second appeal, Interim Application No.

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488 of 2024 is disposed of as infructuous.

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[GAURI GODSE, J.]

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Balbhim Bapu Anpat v. Dilip Namdeo Yadav

Case brief

What is this about?

What did the court decide?

Balbhim Bapu Anpat v. Dilip Namdeo Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

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