Smt. Chanchalben Takhatsinh Chauhan v. Gulab Devji Bhanvar And ORS.

903-CAF-2348-2019.doc 23:BHC-AS:4 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2348 OF 2019 IN FIRST APPEAL NO.1647 OF 2016 Chanchalben Takhatsinh Chauhan ] Applicant

IN THE MATTER BETWEEN:

Chanchalben Takhatsinh Chauhan ] Appellant Vs.

Gulab Devji Bhanvar and others ] Respondents .....

Mr. M.M. Badgujar, for Applicant.

Mr. Sagar Kursija, for Respondents.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 8th September, 2023.

P.C.

1.

This is an application for bringing legal representatives of deceased respondent No.2 - Jivla Devji Bhanvar who is stated to have expired. However, date of his death is not mentioned in the application.

2.

Learned Counsel for the applicant seeks leave of this Court to amend the application so as to incorporate date of death of deceased respondent No.2.

903-CAF-2348-2019.doc 3.

Leave granted. Amendment to be carried out forthwith. 4.

Application is filed four years and twenty eight days after the death of the deceased.

5.

Learned Counsel for the respondents objects prayer of setting aside abatement as well as condontion of delay. 6.

Considering the sufficient cause shown in the application, same is allowed. Abatement is set aside. Delay is condoned. 7.

Necessary amendment as per schedule annexed with the application shall be carried out forthwith.

8.

Application is disposed of.

9.

No order as to costs.

[PRITHVIRAJ K. CHAVAN, J.]