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Bombay High CourtCA/4301/2022application allowed

Padminibai Ramrao Pawar Died Lrs. Bhagwat And ORS v. Vithalrao Santoba Gadave Died Lrs. Prabhavati And ORS

2022-03-25Hon'Ble Shri Justice Mangesh S. Patil1 pages

909.CA.4301.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4301 OF 2022 IN SA/65/2011 WITH CA/4302/2022 IN SA/65/2011 PADMINIBAI RAMRAO PAWAR DIED LRS. BHAGWAT AND ORS

VERSUS

VITHALRAO SANTOBA GADAVE DIED LRS. PRABHAVATI AND ORS ...

Advocate for Applicants : Mr. Pawar Hemantkumar F. Advocate for Respondents : Mr. Milind Ptil (Beedkar) ...

CORAM

: MANGESH S. PATIL, J.

DATE : 25.03.2022 PER COURT :

This is an application for setting aside the abatement of the appeal on account of death of appellant No.1 Padminibai w/o Ramrao Pawar who died on 18.02.2014. I have heard the learned advocate of the proposed legal heirs.

2.

For the reasons mentioned in the Application, it is allowed. The delay is condoned. The abatement is set aside and the legal heirs are allowed to be brought on record as prayed for. Amendment to be carried out within a week.

3.

Simultaneously, the parties seem to have arrived at compromise. They have also filed a civil application therefor. Let the terms be verified before the Registrar (Judl.). Stand over to 04.04.2022. (MANGESH S. PATIL, J.) habeeb 1/1