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Bombay High CourtCA/12708/2021admittedallowedgrantedrule absolute

Chitrabai Baburao Wayase v. Rajaram Baburao Wayase Died Kashibai Died Lalasaheb Died Rahibai Lalasaheb Wayase And Others

2022-03-02Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 CA / 12708 / 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.12708 OF 2021 IN SA/448/2013 CHITRABAI BABURAO WAYASE

VERSUS

RAJARAM BABURAO WAYASE DIED KASHIBAI DIED LALASAHEB DIED RAHIBAI LALASAHEB WAYASE AND OTHERS ...

Advocate for Applicant : Mr. B.A. Dhengle h/f. Mr. P.K. Deshmukh Advocate for respondents no. 3-1 to 3-5 : Mr. P.G. Godhamgaonkar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 2 MARCH 2022 PC :

This is an application for setting aside the abatement qua the respondent no. 3 with a prayer to condone the delay. 2.

Issue notice to the proposed LRs.

3.

Mr. Godhamgaonkar has appeared on their behalf and submits that the application may be allowed and the second appeal may be listed for admission.

4.

In view of such a stand of the proposed LRs, the application is allowed. Delay is condoned. Abatement is set aside. LRs are allowed to be brought on record. Necessary amendment be carried out within two weeks.

2 CA / 12708 / 2021 5.

After such amendment is carried out, issue notice in the second appeal to the persons to be added. Mr. Godhamgaonkar waives notice on their behalf even in the second appeal. 6.

If the matter is otherwise ready for admission, list it on 30-03-2022.

[ MANGESH S. PATIL ] JUDGE arp/