Subhash Nandlal Gargele v. Ashok Suganchand Lodha

1-CAW-166-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NOS. 166/2025, 167/2025 AND 168/2025 IN WRIT PETITION NO. 3298/2019 (Subhash s/o Nandlal Gargele, through his LRs & Vs. Ashok s/o Suganchand Lodha) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.O. Ahmed, Counsel for the applicants/petitioners. .....

CORAM : ANIL L. PANSARE, J.

APRIL 16, 2025 By present applications, the petitioners are seeking to condone delay of 1528 days in filing application for setting aside abatement and for bringing the legal representatives of the respondent on record. 2] The learned Counsel for the petitioners submits that delay has occurred because the petitioners were unaware of the date of death of the respondent. 3] None appears for the legal representatives of the respondent, though served. Thus, what has been stated by the petitioners' Counsel remained uncontroverted.

4] In view thereof, and for the reasons set out in the applications, the same are allowed. Delay is condoned. Order of abatement is set aside. The petitioners shall bring on record the legal representatives of the respondent. Necessary amendment be carried out within two weeks from today. Amended copy be served on the newly added respondents.

1-CAW-166-2025 5] The applications are disposed of.

WRIT PETITION NO. 3298/2019 6] Stand over in the week commencing from 5/5/2025.

(ANIL L. PANSARE, J.) Sumit