Harilal Beni Madhav Shahu vs K. B. Shahu (Dead) Thr. Lrs. Sushilabai ... on 21 September, 2021

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Bombay High Court

Harilal Beni Madhav Shahu vs K. B. Shahu (Dead) Thr. Lrs. Sushilabai ... on 21 September, 2021

Bench: S. M. Modak

mca.1131.19                                                                                               1/2


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR

                    Civil Application [MCA] No.1131 of 2019
                                        in
                       Second Appeal No.140 of 2009 (D)
                               Harilal s/o Benimadhav Shahu
                                             vs.
                 Kedarnath Bhagwandin Shahu [Dead], through L.Rs. & others

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Office notes, Office Memoranda ofmi
Coram, appearances, Court's orders                                   Court's or Judge's Orders
or directions and Registrar's orders.
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                            Shri A.O. Shriwas, Advocate fmior the Applicant/Appellant.


                                             CORAM          :   S.M. MODAK, J.

                                             DATE           :   21st SEPTEMBER, 2021.


                                             The      second       appeal     was       dismissed         on
                            27/06/2019 fmior want ofmi prosecution.                  Appellant-Harilal

expired on 04/11/2018 and his learned Advocate Shri P.N. Kendurkar expired on 21/01/2018. Now his legal representatives want restoration ofmi the appeal and condonation ofmi delay caused in prefmierring that application.

There are 10 legal representatives ofmi deceased-Harilal mentioned as applicants. One ofmi them is applicant No.2-Pawankumar. He was defmiendant No.2 befmiore the trial Court and respondent No.2 befmiore the frst appellate Court. As the suit was partly decreed by the frst appellate court, defmiendant No.1-Harilal prefmierred this second appeal. Defmiendant No.2- Pawankumar has not joined him in prefmierring the second appeal. He was joined as respondent No.10 in the present appeal.

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A query is made to the learned Advocate as to whether applicant No.2-Pawankumar, who was respondent No.10 in the dismissed appeal, was having confict ofmi interest with the deceased-Harilal. When the judgment ofmi the trial Court is perused, it seems that defmiendant No.1-Harilal and defmiendant No.2-Pawankumar have fled separate written statements. That is mentioned in paragraph 3 and paragraph 5 ofmi the trial Court's judgment.

In view ofmi that, learned Advocate fmior the applicants is directed to explain whether applicant No.2- Pawankumar is having confict interest with the other applicants.

The matter be kept on 23rd September, 2021.

JUDGE *sandesh ::: Uploaded on - 23/09/2021 ::: Downloaded on - 23/09/2021 23:27:29 :::

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