Udaram S/O Dayaram Deshkar v. Bhagyashali Z. P. Karamchari Gruha Nirman Sahakari Sanstha Thr. Secty. Vijay G. Raipurkar And Oth

1 8 sa 523.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAS) NO. 371 OF 2020 IN SECOND APPEAL NO. 523 OF 2019 Udaram S/O Dayaram Deshkar ..vs..

Bhagyashali Z.P. Karmachari Gruha Nirman Sahakari Sanstha and ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Amol Mardikar, Advocate for the applicant/appellant. Ms. M.P. Munshi, Advocate for respondent no. 1. Shri O.W. Gupta, Advocate for respondent no. 5 and 6. CORAM :

M.S. KARNIK, J.

DATED :

27/04/2022.

Heard the learned Counsel appearing on behalf of the legal heirs of respondent no. 5.

2.

This is an application for setting aside abatement against respondent no. 5. For the reasons stated in the application, the application is allowed in terms of prayer Clause-1.

3.

The application is disposed of accordingly.

CIVIL APPLICATION NO. 372 OF 2020 Heard.

2.

This is an application for condonation of delay of 16 days in filing application for bringing legal heirs on record. 3.

The names of legal heirs of respondent no. 5 are mentioned in paragraph 2 of the Civil Application no. 373 of 2020. Though this application is opposed by the learned Counsel appearing on behalf of the legal heirs of respondent

2 8 sa 523.2019 no. 5, for the reasons stated in the application, the application for condonation of delay of 16 days in filing application for bringing legal heirs on record, deserves to be condoned. 4.

The application is allowed in terms of prayer Clause 1.

5.

The Civil Application is disposed of accordingly. CIVIL APPLICATION NO. 373 OF 2020 Heard.

2.

This is an application for bringing legal heirs of respondent no. 5 on record, whose names are mentioned in paragraph 2 of the application as 5A to 5D.

3.

For the reasons stated in the application, the application is allowed. Amendment be carried out within a period of one week from today.

4.

The Civil Application is disposed of accordingly. CIVIL APPLICATION NO. 374 OF 2020 Heard.

2.

This is an application for correcting the address of respondent no. 4.

3.

In paragraph 2 of the application, it is stated that, the appellant came to know that the respondent no. 4 is living on a new address. The details are mentioned in paragraph 2 of the application.

4.

The application accordingly deserves to be allowed and the same is allowed in terms of prayer Clause 1.

3 8 sa 523.2019 5.

Amendment be carried out within a period of one weeks from today.

6.

The Civil Application is disposed of accordingly. SECOND APPEAL NO. 523 OF 2019 Place the matter for further consideration on 08.06.2022.

JU DGE Trupti TRUPTI SANTOSHJI AGRAWAL 28.04.2022 12:27