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Bombay High CourtCA/13735/2024admittedallowedgrantedrule absolute

Eknath Gatalu Dhobi v. Supadu Gatalu Dhobi

2024-12-16Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:30003 Tauseef 33-CA.13735.2024.odt IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY BENCH AT AURANGABAD BENCH AT AURANGABAD CIVIL APPLICATION NO.13735 OF 2024 CIVIL APPLICATION NO.13735 OF 2024 IN IN SECOND APPEAL NO.339 OF 1997 SECOND APPEAL NO.339 OF 1997 Eknath Gatalu Dhobi Eknath Gatalu Dhobi ...Applicant ...Applicant

Versus

Versus

Supadu Gatalu Dhobi Supadu Gatalu Dhobi

...Respondent

...Respondent

WITH WITH CIVIL APPLICATION NO.

CIVIL APPLICATION NO.13740 OF 2024 13740 OF 2024 WITH WITH CIVIL APPLICATION NO.

CIVIL APPLICATION NO.2904 OF 2022 WITH WITH CIVIL APPLICATION NO.

CIVIL APPLICATION NO.2905 OF 2022 WITH WITH CIVIL APPLICATION NO.2906 OF 2022 CIVIL APPLICATION NO.2906 OF 2022 IN IN SECOND APPEAL NO.339 OF 1997 SECOND APPEAL NO.339 OF 1997 WITH WITH SECOND APPEAL NO.339 OF 1997 SECOND APPEAL NO.339 OF 1997 _____________________________________________________ Adv. K. M. Nagarkar h/f. Adv. S. B. Talekar for Applicant. Adv. L. V. Sangeet for Respondent Respondents. _____________________________________________________ CORAM :

S. G. CHAPALGAONKAR, J.

DATED : 16th DECEMBER 2024.

P.C.:- CIVIL APPLICATION NO.13735 OF 2024:- CIVIL APPLICATION NO.13735 OF 2024:- 1.

Heard Mr. K. M. Nagarkar learned Advocate appearing for Applicant.

Tauseef 33-CA.13735.2024.odt 2.

By this application, prayer is made to permit bringing of legal heirs of Respondent No.1-Supadu Gatalu Dhobi. There is delay of 266 days in filing the application. The prayer is made to condone the delay. 3.

Considering submissions advanced, application is allowed. 4.

The delay of 266 days caused in filing the application is condoned. The abatement of appeal against Respondent No.1 is set aside. Amendment to be carried out within a period of two weeks from today.

CIVIL APPLICATION NO.

CIVIL APPLICATION NO.13740 OF 2024:- 13740 OF 2024:- 5.

Mr. Nagarkar, learned Advocate appearing for Applicant submits that civil application does not survive. Hence, it may be disposed of. Consequently, civil application stands disposed of. CIVIL APPLICATION NO.

CIVIL APPLICATION NO.2904 OF 2022:- 2904 OF 2022:- 6.

Mr. L. V. Sangeet, learned Advocate appearing for Respondent seeks accommodation to file reply.

7.

Stand over to 10th February 2025.

(S. G. CHAPALGAONKAR, J.)