Nikdya Dharma Padvi Lrs Pratapsing And Others v. Udaysing Mansing Padvi Lrs Prithvising And Others

28-CA-16729-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.16729 OF 2022 IN SECOND APPEAL NO.590 OF 2018 NIKDYA DHARMA PADVI LRS PRATAPSING AND OTHERS

VERSUS

UDAY SING MANSING PADVI LRS PRITHVISING AND OTHERS ...

Advocate for the Applicants: Mr. S. B. Shah Advocate for Respondent Nos.1A, 2A and 2C: Mr. V. C.Patil AGP for the Respondents/State: Mr. P. M. Kulkarni ...

CORAM :S. G. CHAPALGAONKAR, J.

DATE :19.06.2023 PER COURT :

1.

This is an application seeking condonation of delay of 1353 days caused in filing the application for setting aside the abatement so also bringing the legal heirs of respondent no.11-A, namely, Yeshendrasing Jitendrasing Padvi on record of Second Appeal. 2.

Having considered the submissions advanced and the reasons as stated in the application from Paragraph Nos.4 to 7, application is allowed.

3.

The delay of 1353 days caused in filing the application is condoned. 4.

The abatement against the deceased respondent no.11-A is hereby set aside.

5.

The applicants are permitted to bring on record the legal heirs of deceased respondent no.11-A as specified in Paragraph No.4 of the application.

6.

Amendment to be carried out within 14 days.

7.

Civil Application is disposed of accordingly. (S. G. CHAPALGAONKAR, J.) Sameer 1/1