Babu Bhau Ghevade(Decd.Lrs) Chandrabai B. Ghevade(Decd.Thr.Lrs)Shri. Krishna B. Ghevade and Ors. v. Sitaram Mahadev Parulekar (Decd.Thr.Lrs) Smt. Swati S. Parulekar and Ors.

Bombay HC21 Oct 2024IA/9105/2024

Case brief

AI extract

What is this about?

Interim application for condonation of delay of over four years in filing a second appeal concerning the effect of a prior writ order permitting evidence before the first appellate court. The court issued notice to respondents and to heirs/legal representatives, returnable on 4th February 2025.

What the court decided

AI extract

Babu Bhau Ghevade(Decd.Lrs) Chandrabai B… — Property and Title | Bombay HC (2024)

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Iresh

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84.9103.24 ia.docx

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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. 9103 OF 2024 INTERIM APPLICATION NO. 9104 OF 2024 INTERIM APPLICATION NO. 9105 OF 2024 INTERIM APPLICATION NO. 9109 OF 2024 INTERIM APPLICATION NO. 9108 OF 2024

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SECOND APPEAL ST NO. 1829 OF 2022

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Babu B. Ghevade Deceased Thr. .....Applicants LRs Chandrabai B. Ghevade Decd. Thr. LRs Krishna B. Ghevade and ors

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Vs.

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Sitaram Mahadev Parulekar Decd. .....Respondents Thr. LRs

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Mr. Sugandh B. Deshmukh a/w Mr. Irvin D’souza Advocate for the Applicants

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CORAM : GAURI GODSE, J.

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DATE : 21^st OCTOBER 2024

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ORDER:

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This application is for condonation of delay of 4 years and 208

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IRESH MASHAL

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Digitally signed by IRESH MASHAL Date: 2024.10.23 12:54:36 +0530

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days in filing the second appeal. Learned counsel for the applicants

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submits that this Court vide order dated 15^th March 2018 in Writ

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Petition No. 4608 of 2016 had permitted the parties to lead evidence

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84.9103.24 ia.docx

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before the first Appellate Court. He submits that the writ petition was challenged by the present appellant recalling the dismissal order and restoring the first appeal filed by respondent no. 1. He submits that before implementing this order permitting the parties to lead evidence, the first appeal was decided by way the impugned order. He thus submits that apart from other questions which are raised in the appeal memo, the main question to be decided in the second appeal would be the effect of the order dated 15^th March 2018 passed by this Court, on the proceedings before the first Appellate Court.

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He submits that the reasons for the delay in the present second appeal are explained in paragraph 16 onwards.

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In view of the aforesaid submissions, issue notice to the respondents, returnable on 4^th February 2025.

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Since there are applications for bringing on record names of heirs and legal representatives of appellant nos. 1, 5 and 6 and respondent no. 1, office is directed to issue notice to heirs and legal representatives of appellant nos. 1, 5 and 6 and respondent no. 1 in the respective applications.

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Notices are made returnable on 4^th February 2025.

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84.9103.24 ia.docx

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In addition to Court notice, learned advocate for the applicants

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shall serve the respondents by private notice and file affidavit of service before the next date.

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[GAURI GODSE, J.]

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Babu Bhau Ghevade(Decd.Lrs) Chandrabai B. Ghevade(Decd.Thr.Lrs)Shri. Krishna B. Ghevade and Ors. v. Sitaram Mahadev Parulekar (Decd.Thr.Lrs) Smt. Swati S. Parulekar and Ors.

Case brief

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What the court decided

Babu Bhau Ghevade(Decd.Lrs) Chandrabai B. Ghevade(Decd.Thr.Lrs)Shri. Krishna B. Ghevade and Ors. v. Sitaram Mahadev Parulekar (Decd.Thr.Lrs) Smt. Swati S. Parulekar and Ors.

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