Dr Bhagirath Punjaji Kushare Died Lrs Kusumtai And ORS v. Harshwardhan Gauramchand Jain

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 1250 OF 2016 IN SA/1744/2004 DR BHAGIRATH PUNJAJI KUSHARE DIED LRS KUSUMTAI AND ORS

VERSUS

HARSHWARDHAN GAURAMCHAND JAIN ...

Advocate for Applicants : A N Ansari AGP for Respondent : A.S. Bajaj ...

CORAM : T.V. NALAWADE, J.

DATED : 22nd March, 2016.

ORDER :

1.

The application is filed for setting aside the abatement of appeal as sole appellant is dead and give permission to legal heirs of deceased appellant to come on record. The application to bring the legal heirs is not filed within time. Both the sides are heard.

2.

In view of the contents of the application and submissions made, the application is allowed. Delay is condoned. Abatement of appeal, if any, is set aside. Permission is granted to legal heirs to come on the record to prosecute the appeal. Amendment is to be carried out in appeal memo. List the appeal for final hearing on 30.4.2016.

[ T.V. NALAWADE, J. ] ssc/