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Bombay High CourtCA/11732/2013admittedallowedgrantedrule absolute

Hari (Harya)Sambhayya Adav Lrs Rohidas v. Khirba (Khirayya) Manya Adav Deceased

2018-04-19Hon'Ble Shri Justice V.L. Achliya2 pages

907-ca.11732.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

907 CIVIL APPLICATION NO. 11732 OF 2013 IN SA/29/1995 HARI (HARYA)SAMBHAYYA ADHAV (DIED) LRS ROHIDAS HARI ADHAV

VERSUS

KHIRBA (KHIRYA) MANYA ADHAV DECEASED ...

Advocate for Applicants : Mr. Anil S. Golegaonkar. Advocate for Respondent : Mr. A. G. Mukhedkar. ...

CORAM :

V. L. ACHLIYA, J.

DATE :

19th April, 2018.

P.C.:

.

The Applicant has taken out this application seeking order to condone the delay, set aside the order of abatement and permission to bring the legal representatives of deceased Appellant as well as Respondent on record.

In view of the facts pleaded in the application and further taken note of the fact that the parties have settled the matter and appeal is to be disposed of in terms of the settlement arrived at in Regular Civil Appeal No.43 of 2014 before the learned District Judge-1, Kandhar, District Nanded, I am inclined to allow the application. The application is allowed in terms of prayer clauses (B) and (C). Necessary substitution be carried out within a period of one week from

907-ca.11732.13.odt today.

List the second appeal on 25th April, 2018.

[ V. L. ACHLIYA, J. ] ndm