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Bombay High CourtCA/10365/2018admittedallowedgrantedrule absolute

Venubai Nathrao Dahiphale And ORS v. Mathurabai Shankarrao Mundhe Lrs Sangram And Others

2019-07-19Hon'Ble Shri Justice V.L. Achliya2 pages

10365.18CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10365 OF 2018 IN SAST/31028/2011 VENUBAI NATHRAO DAHIPHALE AND ORS

VERSUS

MATHRUABAI SHANKARRAO MUNDHE LRS SANGRAM AND OTHERS ...

Mr.V.C. Patil holding for Mr.U.B. Bondar, Advocate for applicants.

...

CORAM: V.L. ACHLIYA,J.

DATE : 19.07.2019 ORAL ORDER:

The applicants/appellants have taken out this application for setting aside the order of abatement and to bring legal heirs of deceased Respondent No.1 on record with condonation of delay of 472 days in filing application for the reasons set out in detail in the application.

2.

Heard learned counsel for the applicants/appellants. None present for the respondents, though duly served.

3.

Considering the reasons assigned and the fact that appeal is still pending for

10365.18CA.odt admission from the year 2011, I am inclined to allow the application. The application is allowed in terms of prayer clauses "B", "C"

and "D". Necessary amendment be carried out within one week.

3.

List the appeal for admission on 1st August, 2019.

[V.L. ACHLIYA] JUDGE SGA