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Bombay High CourtCA/10174/2014application allowed

Jaiwanta Rambhau Bhosle And Another v. Shaikh Naseer Mohammed Saheb And Others

2022-04-20Hon'Ble Shri Justice Mangesh S. Patil2 pages

905-CA NO.6042 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10174 OF 2014 IN SA/997/2004 JAIWANTA RAMBHAU BHOSLE AND ANR.

VERSUS

SHAIKH NASEER MOHAMMED SAHEB AND ANR.

. . .

Mr. P. R. Tandale, Advocate for Applicants Mr. S. S. Panhale h/f. Mr. R. P. Adgaonkar for Respondent No.1 in Second Appeal . . .

CORAM : MANGESH S. PATIL, J.

DATED : 20 APRIL 2022 PER COURT :

1.

This is an application for setting aside abatement qua the respondent no.2 with a prayer to condone the delay in filing the application. 2.

Though the proposed LR'

s of the respondent no.2 have been duly served, but have not appeared.

3.

For the reasons mentioned in the application coupled with the nature of the dispute, the application is allowed. 4.

Delay is condoned. Abatement is set aside and the legal representatives of respondent no. 2 are allowed to be brought on record. 1/2

905-CA NO.6042 OF 2022.odt 5.

Amendment to be carried out within two weeks. 6.

After such amendment is carried out, issue notices to them in Civil Application No. 6042 of 2022, returnable on 22 June 2022. ( MANGESH S. PATIL, J.) Tandale/- 2/2