Vishwas Motiram Patil And Others v. Vedu Daga Patil Lrs Bhatu And Others

838.17ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 838 OF 2017 IN SECOND APPEAL NO. 256 OF 2010 Vishwas Motiram Patil Age: 35 years, Occ: Service, R/o. Telephone Office, Near Nehru Statue, Nandurbar, Tal. & Dist. Nandurbar & ors ..APPLICANTS

VERSUS

Vedu Daga Patil since deceased through Legal Representatives Bhatu s/o Vedu Patil, Age: 58 years, Occ: Agri., RF/o. Anjanvihir, Tal. Anjanvihir, Tal. Sindkheda, Dist. Dhule & ors ..RESPONDENTS Mr S.P. Shah, Advocate for applicants;

Mr S.P. Brahme, Advocate for respondent Nos. 1A to 1D CORAM : N.W. SAMBRE, J.

DATE : 9th JUNE, 2017 ORAL ORDER :

Mr. Brahme, learned Counsel appears for legal heirs of respondent No.1.

838.17ca (2) 2.

The order of abating the appeal in view of non bringing of legal heirs of respondent No.1 on record within time is hereby set aside.

3.

Delay of 1892 days caused in taking such steps stand condoned.

4.

Appropriate amendment be carried out in cause title of the appeal within a period of three weeks from today.

5.

Civil Application stands allowed in above terms.

6.

Learned Counsel for the appellant undertakes to file paper book within a period of twelve weeks from today. If paper book is not filed within twelve weeks from today, second appeal shall stand dismissed without further reference to the Court.

(N.W. SAMBRE, J.) Tupe