M/S Prakash Trading Co. Thr. Partner, Akola v. Hasmujkhrai Mangaldas Vakhariya And 2 Others.

1 cas264.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAS) NO.264 OF 2019 IN SECOND APPEAL NO.294 OF 2005 (M/s. Prakash Trading Company ..vs.. Hasmukhrai s/o Mangaldas Vakharia and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A. Joshi, Counsel for the appellant, Shri S.O. Ahmed, Counsel for respondents 1 and 3. CORAM : ROHIT B. DEO, J.

DATED : 29-03-2019 This application is taken out for correction of the cause title of the memo of appeal since the appellant partnership firm is now a proprietary concern of Shri Vijay Gandhi in view of the death of Shri Shantiprakash Gandhi.

2.

The learned Counsel for respondents 1 and 3 have no objection if the amendment is allowed.

3.

Civil application is allowed. The amendment be carried out within a week.

Civil Application No.349/2019, 350/2019 & 351/2019.

The learned Counsel for respondents 1 and 3 has no objection if these civil applications are allowed.

2 cas264.19 2.

The civil applications are allowed.

3.

The delay is condoned.

4.

The abatement of the appeal as against respondent 1 is set aside.

5.

The legal heir of the deceased respondent 1 be brought on record and the cause title be corrected appropriately.

6.

Shri S.O. Ahmed, learned Counsel waives service on behalf of Smt. Madhuri Vinodkumar Shah.

Second appeal No.294 of 2005.

The appeal be listed on the final hearing board. JUDGE adgokar