Shivshankar S/O Homedeo Borikar v. Arvind S/O Rambhau Nimje And Another

Order 2 sa 529-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.405/2021 WITH CIVIL APPLICATION (CAS) NO.406/2021 WITH CIVIL APPLICATION (CAS) NO.407/2021 WITH PURSIS STAMP NO.03/2021 IN SECOND APPEAL NO.529/2019 Shivshankar s/o Homedeo Borikar Vs.

Arvind s/o Rambhau Nimje and another.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S. Raisuddin, Advocate for appellant.

CORAM : S.M. MODAK , J.

DATE : SEPTEMBER 09, 2021.

Heard learned Advocate for the appellant-original defendant. There is a decree against the deceased appellant. The appellant is directed to remove erected staircase and other structures falling in the common passage. His appeal was dismissed. That is how he had come in Second Appeal.

During the pendency of this appeal the appellant expired on 06/08/2020. Copy of the death certificate is filed as per the Pursis No.03/2021. The wife and two sons are the legal representatives. Due to the pandemic situation, steps could not be taken in time and that is why delay condonation application is also filed. Yet the matter is to be admitted. The delay has been properly explained. Right to sue survives. Hence, order of abatement of the appeal is set aside. All the applications are allowed. Name of deceased appellant be deleted and names of legal representatives mentioned in the application in Application No.407/2021 be added. All applications are disposed of.

The matter be kept for admission after three weeks. JUDGE R.S. Sahare