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Bombay High CourtCAS/180/2018

Waman Vishnu Shelke And ANR v. Jaywant S. Shelke D/H Sundarabai J Shelke And ORS

2018-02-23Hon'Ble Shri Justice M.S. Sonak2 pages

skc 24-CAST-380-14-72-15-CORRECTED.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 380 OF 2014 AND CIVIL APPLICATION NO. 72 OF 2015 IN SECOND APPEAL NO. 690 OF 1986 WITH CIVIL APPLICATION NO. 1810 OF 2015 WITH CIVIL APPLICATION NOS. 180, 181, 182 OF 2018 WITH CIVIL APPLICATION NO. 744 & 1344 OF 2014 WITH CIVIL APPLICATION NO. 1083 & 1084 OF 2016 WITH CIVIL APPLICATION NO. 183 OF 2018 WITH CIVIL APPLICATION NO. 1083 OF 2016 Waman Vishnu Shelke since deceased through L.Rs. & Anr.

..

Applicants vs.

Jaywant Shripati Shelke deceased through L.Rs. & Ors.

..

Respondents Mr. S. V. Walve i/b. Ms Anita Agarwal for Applicants. Mr. S. Misar i/b. Mr. S. Deshmukh for Respondent Nos. 1C, 1D, 1E(C1), 1E(C2), 1G and 1H.

CORAM : M. S. SONAK, J.

DATE: 23 FEBRUARY 2018 P.C :

1] The learned counsel for the respondents points out that there is delay in taking out applications to bring on record the legal representatives of some of the deceased respondents. On the other hand, learned counsel for the applicants / appellants points out that This order is corrected as per speaking to minutes order dt. 23.07.2018. 1/2

skc 24-CAST-380-14-72-15-CORRECTED.doc the delay, if any, is because the appellants were not aware of the demise and no sooner necessary intimation to this effect was received by them, they have taken steps.

2] Taking into consideration the aforesaid explanation of the learned counsel for the applicants, all the civil applications for condonation of delay, setting aside abatement and leave to bring on record the legal representatives of the aforesaid respondents are hereby allowed. The applicants / appellants to carry out necessary amendments within four weeks from today. After the amendments are carried out, issue notice to the newly impleaded legal representatives, returnable on 16th April, 2018. The applicants to take steps to effect such service.

Sunita Kishandas Chandka 3] The civil applications are disposed of.

(M. S. SONAK, J.) Sunita Kishandas Chandka Date: 2018.07.23 17:15:56 +0530 Chandka This order is corrected as per speaking to minutes order dt. 23.07.2018. 2/2