Anil Pundlikarao Meghe (Dead) Through Lrs. Rajita Wd/O Anil Meghe And Others v. Prabhakar S/O Shyamrao Manikkule And 9 Oths

sa.42.12 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Second Appeal No.42 of 2012 Anil Pundlikrao Meghe [Dead], through L.Rs.

vs.

Prabhakar Shyamrao Manikkule & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri D.R. Bhoyar, Advocate for the Appellants. Shri R.G. Kavimandan, Advocate for Respondent Nos.1 to 4. Shri A.M. Kadukar, A.G.P. for Respondent No.10.

CORAM

: S.M. MODAK, J.

DATE : 22 nd JULY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Learned Counsel Shri R.G. Kavimandan and learned Senior Counsel Shri R.L. Khapre are discharged from representing respondent Nos.1 to 4. They have filed a pursis, dated 22/07/2021 by email. It is taken on record and marked as Annexure-X for its identification. At the same time, learned Counsel Shri R.R. Dhawad has filed power for respondent Nos.1, 3, 4 & legal representatives of respondent No.2. Office to show his appearance on behalf of respondent Nos.1 to 4. Civil Application Nos.107 & 108 of 2021:

Heard both the sides.

Learned Counsel Shri R.R. Dhawad has already filed power and waived the notice for respondent Nos.1, 3, 4 & legal representatives of respondent No.2.

sa.42.12 2/2 Respondent No.2 expired on 28/10/2019.

There is consensus amongst both the sides for allowing both the applications.

In view of that, both the applications are allowed. The abatement of the appeal against the deceased-respondent No.2 is set aside. The appellants are permitted to carry out the amendment by bringing on record the legal representatives of deceasedrespondent No.2. The matter be kept on 20th August, 2021 as it is submitted that the talks of compromise are going on. JUDGE *sandesh