Rama Dagadu Mirge Lrs Dwarkabai And Others v. Phulsing Tikaram Meher Lrs Mathurabai And Others

1 CA 14423 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 14423 OF 2015 IN SA/779/1999 WITH CA/14425/2015 IN SA/781/1999 RAMA DAGADU MIRGE LRS DWARKABAI AND OTHERS

VERSUS

PHULSING TIKARAM MEHER LRS MATHURABAI AND OTHERS -------- Shri. K.C. Sant, Advocate, for applicants.

Shri. A.D. Kasliwal, Advocate, for respondent Nos.1 & 2. -------- CORAM: T.V. NALAWADE, J.

DATE : 29 MARCH 2016 ORDER:

1) Learned counsel Shri. A.D. Kasliwal is present for proposed legal representatives of deceased respondent No.1. The application is filed also for condonation of delay of 96 days caused in bringing legal representatives on the record. Other reliefs of setting aside abatement and restoration of the matter as against the legal representatives of respondent No.1 are also claimed. 2) In view of the contentions made in the application and the submissions made the application is allowed. Delay is condoned. Abatement is set aside and the appeal

2 CA 14423 of 2015 as against legal representatives of respondent No.1 is restored. Permission is granted to bring legal representatives on the record. Notice in appeal to the legal representatives of respondent No.1. It is waived by learned counsel Shri. A.D. Kasliwal. Now the matters are ready for hearing. Fix both the appeals for final hearing on 15th April 2016 at 2.30 p.m.

Sd/- (T.V. NALAWADE, J. ) rsl