Ashok Hariram Jatal v. Surekha Sanjay Kaile And ORS

19-CA-3537-2022 IN CA-2700-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3537 OF 2022 IN CA/2700/2022 IN CRAST/4556/2022 ASHOK HARIRAM JATAL

VERSUS

SUREKHA SANJAY KAILE AND ORS.

. . .

Advocate for Applicant : Mr. B. N. Patil Advocate for Respondent No.1 : Mr. R. K. Astekar. . . .

CORAM : MANGESH S. PATIL, J.

DATED : 25 APRIL 2022 PER COURT :

1.

This is an application for setting aside abatement with prayer to condone the delay of 1361 days on account of death of respondent no.4 - Maruti Bhimrao Khairmode, who died on 18-06-2018. 2.

The proposed LR'

s of respondent no.4 have been duly served, but none has appeared.

3.

Considering the nature of the dispute and the fact that there was no intimation under Order XXII Rule 10-A of the Code of Civil Procedure, the application is allowed.

1/2

19-CA-3537-2022 IN CA-2700-2022.odt 4.

Delay is condoned. Abatement is set aside and the legal representatives of respondent no.4 are allowed to be brought on record. 5.

Amendment to be carried out within two weeks. ( MANGESH S. PATIL, J.) Tandale/- 2/2