Smt. Rakhmbai Ramchandra Nakhate v. Shir.Sanjay Dattatray Raut

911. CAS 18.19-1327.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 18 OF 2019 (for adding party) AND CIVIL APPLICATION NO. 1327 OF 2018 (for condonation of delay) IN SECOND APPEAL (ST.) NO. 9144 OF 2017 Rakhmabai Ramchandra Nakhate & Ors. ... Applicants/Appellants V/s.

Sanjay Dattatray Raut and Ors.

... Respondents None for the Applicants/Appellants Mr. Mahesh Rawool I/b. Avinash Avhad for Respondent Nos.1 to 4. CORAM : N.M. Jamdar, J.

DATE : 26 July, 2019.

P.C. :- Civil Application No. 18 of 2019 is for bringing heirs of Appellant No.4 on record.

911. CAS 18.19-1327.18.doc 2.

Perused the Civil Application No. 18 of 2019. Sufficient cause is made out for condoning delay in setting aside abatement as far as Appellant No.4. The Civil Application No. 18 of 2019 is accordingly allowed.

3.

The Applicants/Appellants will carry out amendment in the Appeal Memo and pending applications.

4.

Subject to carrying out the amendment within period of four weeks, the Civil Application No. 1327 of 2018 which is for condonation of 10 days in filing the Appeal is allowed, since cause made out is sufficient.

5.

Since the learned Counsel for the Appellant is not present, the learned Counsel for the Respondents states that he will inform the order to him.

(N.M. Jamdar, J.)