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Durgabai Khushalchand Rathi Lrs. Bansilal And Others v. Sadakunnwar Pannalal Bharadiya Lrs. Pannalal And Others

2022-02-17Hon'Ble Shri Justice Mangesh S. Patil2 pages

905.SA.665.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.7719 OF 2021 IN SECOND APPEAL NO.665 OF 2018 WITH CA/10210/2021 IN SA/665/2018 WITH CA/4736/2021 IN SAST/27255/2018 WITH CA/4737/2021 IN SAST/27255/2018 WITH CA/9940/2018 IN SA/665/2018 WITH SA/732/2018 DURGABAI KHUSHALCHAND RATHI LRS BANSILAL AND OTHERS

VERSUS

SADAKUNNWAR PANNALAL BHARADIYA LRS PANNALAL AND OTHERS ...

Advocate for Applicant in CA/7719/2021 in SA/665/2018: Mr. V.S. Undre Advocate for Respondent No.3 in CA /7719 / 2021 in SA/665/2018 : Mr. R.G. Nirmal h/f. Mr. S.S. Gangakhedkar Advocate for Respondent SAST/27255/2018 : Mr. S.N. Patil h/f. Mr. N.V. Gaware Advocate for respondent No.1A to 1C in CA/7719/2021 in SA/665/2018 : Mr. R.R. Sancheti Advocate for respondent Nos.6A-1 to 6A-4 in CA/7719/2021 in SA/665/2018 : Mr. S.N. Patil ...

CORAM

: MANGESH S. PATIL, J.

DATE : 17.02.2022 PER COURT :

This is an application for setting aside abatement and to bring on record the legal representatives of deceased respondent No.6A with a prayer to condone the delay.

2.

I have heard the learned advocate for the proposed LR' s.

3.

For the reasons mentioned in the Application coupled with the nature of the dispute, the Application is allowed. The delay is condoned. 1/2

905.SA.665.2018.odt The LR'

s of the respondent No.6A are allowed to be brought on record. Necessary amendment to be carried out within two weeks. After such amendment, issue notice to the respondent Nos.6A-1 to 6A-4. Learned advocate Mr. Patil holding for Mr. Gaware waives service on their behalf in the Second Appeal also.

4.

Learned advocate Mr. Patil holding for Mr. Gaware for the appellant in Civil Application No.4736/2021 in Second Appeal (ST) No.27255/2018 undertakes to furnish fresh address of the respondent No.2A-3 within a week. On such address being furnished. Issue notice to him, returnable on 24.03.2022 from today.

5.

Even Mr. Undre in Second Appeal No.665/2018 makes a same request, issue notice to the respondent No.2A-3 even in that Appeal, returnable on 24.03.2022 from today.

6.

Hamdast is allowed in both the matters.

(MANGESH S. PATIL, J.) habeeb 2/2