Gayabai Ramrao Jogikoli v. Baliram Shankar Ulmule And Others

1 915 ca 9216-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 9216 OF 2024 IN SA/12/2018 WITH CIVIL APPLICATION NO. 6609 OF 2024 IN SA/232/2018 WITH SECOND APPEAL NO. 550 OF 2017 WITH CIVIL APPLICATION NO. 10770 OF 2017 IN SA/550/2017 WITH SECOND APPEAL NO. 232 OF 2018 WITH CIVIL APPLICATION NO. 14635 OF 2018 IN SA/232/2018 GAYABAI RAMRAO JOGIKOLI

VERSUS

BALIRAM SHANKAR ULMULE AND OTHERS ...

Mr. Solanke Shrikrashna B., Advocate for Applicant Mr. N. K. Tungar for Respondent Nos.1 to 3 Mr. M. G. Kedar h/f Mr. B. R. Kedar, Advocate for Appellant (in SA No.550 of 2017) ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 28/08/2024.

P. C. :

1.

Heard rival submissions.

2.

The present applicant Gayabai has filed Civil Application No.9216 of 2024 for setting aside abatement order in respect of the appeal on death of Limbabai by condoning the delay of 211 days. She also claimed her transposition as an appellant in Second

2 915 ca 9216-24 Appeal No.12 of 2018 since she is also one of the stake holders in family partition.

3.

The learned counsel for respondent Nos.1 to 3 strongly opposed the application on the ground that Limbabai had died long back and only the order of abatement was made subsequently. As such, there is a huge delay than the delay shown of 211 days. However, it appears that in all three appeals against the same decree are filed. Further, there is no dispute that Gayabai-the present applicant is one of the legal representatives of deceased Limbabai. As such, considering the nature of parties in partition matter the appeal filed by Limbabai can be continued by one of the coparceners. As such, the Civil Application No.9216 of 2024 stands allowed in terms of prayer clauses-B, C & D subject to cost of Rs.500/- to be paid to to Advocate's Bar Library, High Court, Aurangabad.

4.

The amendment be carried out within stipulated period and after deposit of cost.

5.

Civil Application No.9216 of 2024 is accordingly disposed of. 6.

List other connected matters on 12/09/2024.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-