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Bombay High CourtCAF/729/2019

M/S. Shripat Natha Chavan And Brothers v. Hiralal Sarju Prasad Mishra And ANR.

2019-12-06Hon'Ble Shri Justice M. G. Sewlikar2 pages

913-caf-729-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.729 OF 2019 IN FIRST APPEAL NO.1459 OF 2006 M/s. Shripat Natha Chavan and Brothers ...Applicants vs.

Hiralal Sarjuprasad Mishra and Another

...Respondents

Mr. Rajesh Dharap i/b. Mr. H.R. Pawar, for the Applicants. Ms. Nazia Shaikh, for Respondent Nos. 1A to 1K. CORAM :

M. G. SEWLIKAR DATE :

DECEMBER 06, 2019 P.C.:

.

This is an Application fled by the Applicants for condonation of delay of 5 years and 190 days in bringing the legal heirs of Respondent No. 1 on record. Respondent No. 1 is reported to have died on 19th November, 2011. Respondent Nos. 1A to 1K are his legal heirs.

2.

Ms. Shaikh appears for Respondents. She has no objection for condonation of delay and bringing the legal heirs on record.

3.

For the reasons stated in the Application, Civil Application is allowed. The delay is condoned. The abatement of First Appeal is set aside.

Vishal Parekar 1/2

913-caf-729-2019.doc 4.

Respondents 1A to 1K be brought on record. Amendment be carried out within two weeks.

5.

Civil Application is disposed of accordingly. (M. G. SEWLIKAR, J.) Vishal Parekar 2/2