Sanjay S/O Natha Gavai And Another v. Jijebao Kisan Gavai And Others

2025:BHC-NAG:3121 93.cas.272.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.303 of 2018 and Civil Application [CAS] No.304 of 2018 and Civil Application [CAS] No.302 of 2018 in Civil Application [CAS] No.272 of 2017 in Second Appeal No.25112 of Sanjay s/o Natha Gavai and another vs.

Shri Jijebao Kisan Gavai and others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mrs. P.M. Chandekar, Advocate for the Applicants/Appellants.

CORAM

: M.W. CHANDWANI, J.

DATE : 21 st MARCH, 2025.

Heard.

02.

These applications are filed for condonation of delay in bringing the legal heirs of deceased respondent Nos.1 and 6 on record and for setting aside abatement.

03.

Though the proposed respondents are served, nobody appears on their behalf.

04.

For the reasons mentioned in the application, the delay caused in filing the application for bringing the legal heirs on record is condoned subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) payable to the High Court Legal Services Sub Committee, Nagpur, within a period of three weeks.

93.cas.272.17 2/2 05.

Since, the right to sue survives against the legal heirs of the deceased-respondents, the abatement order is set aside and permission to bring the legal heirs of deceased respondent Nos.1 and 6 is granted. 06.

Necessary amendments to be carried out within two weeks. 07.

All the applications are allowed and disposed of accordingly.

JUDGE *sandesh