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Bombay High CourtCA/13586/2015admittedallowedgrantedrule absolute

Nanibai Madhavrao Gorde (L.Rs.) Sukhdeo And Others. v. Indubai Namdeo Dange Lrs Pandharinath And Another

2015-10-20Hon'Ble Shri Justice T.V. Nalawade2 pages

CA No. 13586/2015 & Anr.

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD

919. CA/13586/2015 In SA/468/1995 WITH CA/13587/2015 In SA/468/1995 NANIBAI MADHAVRAO GORDE (L.RS.) SUKHDEO AND OTHERS V/S INDUBAI NAMDEO DANGE LRS PANDHARINATH AND ANOTHER Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.K. Tambe, Advocate for applicants.

Mr. Kalyan Patil h/f Mr. C.V. Korhalkar, Advocate for respondent.

CORAM : T.V. NALAWADE, J.

DATED : 20th October, 2015.

PER COURT :

1. The two applications are filed for restoration of the appeal which is dismissed and for condonation of delay caused in filing application for restoration and also for condonation of delay caused in bringing legal heirs of deceased respondent sole on record and permission to bring the legal heirs of deceased respondent on record. Learned counsel Shri. Kalyan Patil made a statement that he is appearing for legal heirs of sole respondent. Heard both the sides.

2. In view of the contents of the applications and submissions made, both the applications are allowed. The second appeal is restored. The delay is condoned in filing application for restoration. Delay is

CA No. 13586/2015 & Anr.

condoned causing in brining legal heirs of deceased respondent and filing application to bring them on record and permission is granted to bring those legal heirs on record. Amendment is to be carried out immediately.

3. Shri. Kalyan Patil waives notice in admitted appeal. List the matter for final hearing on 22.12.2015. [ T.V. NALAWADE, J. ] ssc/