Bombay High CourtCAF/664/2019admittedallwdgrantedrule absolute

M I D C Through Its Chief Executive Officer, Amravati v. Mahadeorao Ramaji Kolhe (Dead) And Oths

2019-04-23Hon'Ble Mrs. Justice Swapna Joshi2 pages

23.04.CAF.664.19+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F ) NO.664, 663 AND 665 ALL OF 2019 IN FIRST APPEAL NO.430/2012 (Maharashtra Industrial Dev.Corpn. vs. Mahadeorao Kolhe (Dead) and others ) ...................................................... ............................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.M.M.Agnihotri, Advocate for the appellant/applicant Mrs.A.R.Kulkarni,AGP for Respondents no.6 CORAM: MRS.SWAPNA JOSHI, J.

D ATED : 23rd April, 2019.

CAF.NO. 664/2019 This is an Application seeking condonation of delay in setting aside abatement in bringing legal representatives of deceased respondent no.1, on record.

Heard both sides. Perused the contents of the Application. On a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay, subject to payment of costs of Rs. 500/- to be deposited with Vidarbha Lady Lawyers' Association, Nagpur. In view thereof, the delay is condoned. The Civil Application is allowed and disposed of.

CAF.663/2019 This is an application for setting aside abatement in bringing legal representative of deceased respondent no.1, on record.

For the reasons mentioned in para nos. 2 and 3 of

23.04.CAF.664.19+ the application, the Civil Application is allowed in terms of its prayer. CA stands disposed of.

CAF. 665/2019 The applicant has filed this application under Order 22 Rule 4 of the CPC for bringing legal heirs of respondent on record. It is submitted that the respondent no.1 has expired on 28.12.2016 and his legal heirs are to be brought on record.

For the reasons mentioned in the Application, the applicant is allowed to bring the legal representatives of respondent no.1 on record. The amendment be carried out within a period of one week. C.A. stands disposed of. JUDGE Sahare