PRATAP BALKRISHNA KEDARI Vs. PREMADEVI LAXMINARAYAN AGARWAL

JUDGEMENT

(1.) MS. Thadani appears for the respondent and points out that the respondent has received notice from the Registry of this Court dated September 29, 2001 which was served on him on October 30, 2001 stating that the appeal would be taken up for hearing on any date after 14 days of the receipt of the said notice which period is not yet over. This submission however, overlooks the fact that the said notice is a formal notice issued by the registry after admission of the appeal pursuant to the order dated June 29, 2001. Undoubtedly, the respondent has already entered appearance through Advocate before this Court who is pursuing this appeal from the first date of hearing on May 24, 2001 and the said Advocate represented the respondent even on September 28, 2001 when this Court directed that the hearing of this appeal is expedited and to be posted for final hearing in the week commencing from October 22, 2001. That direction was issued having regard to the fact that the appellant is more than 70 years of age. Undisputedly, the respondent was fully aware of the said order. Accordingly, the notice issued by the registry of this Court on September, 29, 2001 will have to be ignored especially in view of the order passed on 28th September, 2001, which fact is not disputed. In the circumstances, Advocates appearing for both sides were called upon to proceed with the hearing of the appeal. Appearance of Mr. Dani has been shown by the registry. It is relevant to point out that Mr. P. S. Dani had appeared in the past on instructions of Ms. Thadani, Advocate who is the Advocate on record. Office to delete the appearance of Mr. P. S. Dani from the record. It is not her (Ms. Thadanis) grievance that she was not informed regarding todays date of hearing, but has only brought the above facts to the notice of this Court lest the respondent should not make grievance that the appeal has been heard before the period mentioned in the notice served on him on October 30, 2001. In fact Ms. Thadani was personally present on 28th September, 2001, when this Court expedited the hearing of this appeal. As observed above, the said notice issued by the registry will have to be ignored in view of the order passed by this Court on early hearing application on 28th September, 2001 in the presence of the Counsel for the respondent. Accordingly, this appeal would proceed for hearing on merits forthwith.

(2.) HEARD both sides.

(3.) THIS appeal takes exception to the order passed by the II Joint Civil Judge, Senior Division, Pune, dated April 30, 2001 below Exhs. 5 and 7 in Special Civil Suit No. 332 of 2001.