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Bombay High CourtCAS/482/2022ca disposed off

Sambhaji N. Ghule (Dead) Thr. Lrs. Mankarnbi S. Ghule (Dead) Babarao Sambhaji Ghule And Others v. Nivrutti Govinda Muthal (Dead) Thr. Lrs. Ramkrushna Nivrutti Muthal And Others

2022-06-20Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 31 sa 646-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.482/2022 WITH CIVIL APPLICATION (CAS) NO.483/2022 IN SECOND APPEAL NO.646/2017 Sambhaji Nagoji Ghule (dead) through LRs Smt Parvatabai wd/o Babarao Ghule and others Vs. Nivrutti Govinda Muthal (dead) LRs Ramkrushna Nivrutti Muthal and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Deshpande, Advocate for appellants Shri G.M. Kubade, Advocate for respondent Nos.1(A) to 1(I) CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/06/ Heard.

The present applications are filed by the appellants to condone the delay in setting aside abatement and bringing the legal representatives of deceased appellant No.1D Mandabai D/o Sambhaji Ghule.

There is no objection on behalf of respondents to bring the legal representatives of appellant No.1D. Accordingly the applications are allowed. The delay in bringing legal representatives of deceased appellant No.1D is hereby condoned. Both applications are disposed of. CIVIL APPLICATION (CAS) NO.481/2022 The present application is filed for setting aside the abatement and for bringing the legal representatives of deceased appellant No.1D Mandabai. The application is allowed.

Permission is granted to bring the legal representatives of appellant No.1D on record.

2 31 sa 646-2017 Necessary amendment to be carried out within one week.

CIVIL APPLICATION (CAS) NO.485/2022 The application is supported by affidavit and death certificate is placed on record. There is no objection on behalf of respondents for bringing legal representatives of appellant No.1C.

The present application is filed for condonation of delay in setting aside abatement and bringing the legal representatives of deceased appellant No.1C Dinkar Ghuge. For the reasons stated in the application application is allowed. Delay for bringing legal representatives of deceased appellant No.1C is hereby condoned.

Application is disposed of accordingly.

CIVIL APPLICATION (CAS) NO.484/2022 WITH CIVIL APPLICATION (CAS) NO.486/2022 For the reasons stated in the applications abatement is set aside and permission is granted for bringing legal representatives of appellant No.1C. Necessary amendment to be carried out within one week.

Both the applications are disposed of accordingly. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE