Sumermal Mishrimal Bafna 1A. Godavari ... vs Mr. Nihalchand Menichand Kothari And ... on 18 December, 2018

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Bombay High Court

Sumermal Mishrimal Bafna 1A. Godavari ... vs Mr. Nihalchand Menichand Kothari And ... on 18 December, 2018

Bench: A. S. Chandurkar

 Shridhar Sutar                      1                 29-caf-2066.18.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                       CIVIL APPLICATION NO. 2066 OF 2018
                                      WITH
                       CIVIL APPLICATION NO. 2067 OF 2018
                                       IN
                     FIRST APPEAL STAMP NO. 10103 OF 2018

 Sumermal Mishrimal Bafna
 (Since deceased)
 1(a) Godavari Sumermal Bafna and others             ... Applicants
 In the matter between
 Sumermal Mishrimal Bafna
 (Since deceased)
 1(a) Godavari Sumermal Bafna and others             ... Appellants
       Versus
 Nihalchand Nemichand Kothari and others             ... Respondents


                                     WITH
                      CIVIL APPLICATION NO. 2421 OF 2018
                                     WITH
                      CIVIL APPLICATION NO. 2422 OF 2018
                                      IN
                     FIRST APPEAL STAMP NO.17391 OF 2018

 Nihalchand N. Kothari and others           ... Applicants
      Versus
 Godavari Sumermal Bafna and others         ... Respondents
                               .....
 Mr. Vineet B. Naik, Senior Advocate a/w Mr. Vivek Kantawala,
 Mr. Amey Patil, Ms. Hetal Jobanputra, Mr. Vivek M. Sharma i/b
 M/s. Vivek Kantawala & Co. for the Applicants/Appellants in
 FA(St) No.10103/2018 with CAF 2066, 2067 of 2018.

 Mr. Vijaysinh V. Thorat, Senior Advocate a/w Akshay P. Jadhav,
 Advocate for the applicants in CAF No. 2421 of 2018, CAF
 No.2422 of 2018.
                               .....

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  Shridhar Sutar                          2                    29-caf-2066.18.doc



                                CORAM : A. S. CHANDURKAR, J.

                                DATE     : 18th DECEMBER, 2018.

 P. C.:

CIVIL APPLICATION NO. 2066 OF 2018 AND CIVIL APPLICATION NO. 2421 OF 2018 . Considering the fact that both the parties have filed cross appeals, the delay in filing the respective appeals stands condoned. The applications are allowed and disposed of. CIVIL APPLICATION NO. 2067 OF 2018

1. On the statement made by the learned Senior Counsel for the parties, there shall be ad-interim relief in terms of prayer clause (C) till the returnable date.

2. The appeal to come up for admission on 22nd January, 2019. CIVIL APPLICATION NO. 2422 OF 2018

1. On the request made on behalf of the applicants the Civil Application is permitted to be withdrawn with liberty to file a fresh application making similar prayers.

2. The civil application is disposed of.

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