Sardar Madansingh Trilochansingh Mathru Died Lrs Amarjitkaur And ORS v. Purshottamsingh Trilochansingh Chug And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.1248 OF 2016 IN SA/611/2012 SARDAR MADANSINGH TRILOCHANSINGH MATHRU DIED LRS AMARJITKAUR AND ORS.

VERSUS

PURSHOTTAMSINGH TRILOCHANSINGH CHUG AND OTHERS ...

Advocate for Applicants : Mr. Dawalkar Parikshit P. Advocate for the respondent no. 1 : Mr. S.R. Bagal h/f. Mr. B.N. Gadegaonkar ...

CORAM

: MANGESH S. PATIL, J.

DATE : 22 MARCH 2022 PC :

This is an application for setting aside the abatement caused by the death of the sole appellant stated to have died on 04-06-2015, coupled with a prayer to condone the delay of 89 days in moving the application.

2.

I have heard both sides.

3.

Since the sole appellant has died during pendency of the second appeal, for the reasons mentioned in the application, it is allowed. Delay is condoned. Abatement is set aside. Amendment to be carried out within two weeks.

[ MANGESH S. PATIL ] JUDGE arp/