Balkrishna S.Shetty And ORS. v. Narayan Shantaram Shetty

sr.903.caf.1412.2015.doc Vina Khadpe (Personal Assistant)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1412 OF 2015 IN FIRST APPEAL NO.939 OF 2000 Balkrishna S. Shetty and ors ..

Applicants / Appellants

Versus

Narayan Shantaram Shetty ..

Respondent ...................

 Mr.Aditya A. Kavale i/b. M/s. Zohair & Co. for the applicants.

 None for the respondent.

...................

CORAM : SHRIKANT D. KULKARNI, J.

DATE : JANUARY 17, 2020.

P.C.:

1. Heard Mr.Kavale for the applicants.

2. This is an application for condonation of delay in bringing on record legal heirs of appellant no.2.

3. Perused the record.

4.The respondent has failed to fle reply inspite of giving him sufÏcient time. Todaye none appears for the respondent when the matter is called out.

5. It is noticed that there is delay of 550 days in preferring this civil application for setting aside abatement and to bring

sr.903.caf.1412.2015.doc on record legal heirs of deceased appellant no.2 and to carry out necessary amendment in the array of appeal memo. In order to decide the appeal on merits and in view of the nature of causee it is necessary to set aside the abatement and allow the appellants to bring on record the legal heirs of appellant no.2. No prejudice would be caused to the respondente if the prayer of the appellants is allowed. Hencee the civil application stands allowed. Delay is condoned. The abatement of appellant no.2 is set aside.

6. The appellants to bring on record legal heirs of deceased appellant no.2 by carrying out necessary amendment within two weeks from today. The appellants shall furnish a copy of amended appeal memo to the Registry. The appellants to serve amended appeal memo upon the respondent within four weeks from today.

Digitally signed by Vina A.

Khadpe Date:

2020.01.17 21:19:45 +0530 [ SHRIKANT D. KULKARNI, J. ] Vina A.

Khadpe