Shri Bapurao Balaji Deulkar v. Shriram S/O Balaji Deulkar And Others

sa.37.21 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.83 of 2021 and Civil Application [CAS] No.84 of 2021 and Civil Application [CAS] No.85 of 2021 in Second Appeal No.37 of 2021 Bapurao Balaji Deulkar vs.

Shriram Balaji Deulkar & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri N.D. Khamborkar, Advocate for the Appellant/Applicant.

CORAM

: S.M. MODAK, J.

DATE : 7 st JULY, 2021.

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

Heard learned Advocate for the appellant.

Respondent No.1 expired on 21/01/2020. The details of his legal representatives are mentioned in CAS No.85/2021. Respondent Nos.1(a), 1(b), 1(c), 2(a) to 2(f) and 3 & 4 have put in appearance. Today, no one is present on their behalf. Steps could not be taken in time due to pandemic situation. The reasons for condonation is genuine. Hence the order :

O R D E R

i.

The abatement of the appeal against respondent No.1 is set aside.

sa.37.21 2/2 ii.

The delay caused in filing application for bringing the legal representatives of respondent No.1 is condoned.

iii.

The appellant is permitted to bring legal representatives of respondent No.1 of which the details are given in CAF No.85/2021.

iv.

Necessary amendments be carried out within a period of two weeks.

v.

All the applications are allowed and disposed of accordingly.

vi.

Matter be kept in the first week of August, 2021.

JUDGE *sandesh