Shri Raghunath Kashirao Belokar And Another v. Smt. Deokabai Ramchandra Nimkar And Another

1 sa203.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR SECOND APPEAL NO.203 OF 2018 [Raghunath Kashirao Belokar and one .vs. Smt. Deokabai Ramchandra Nimkar and one] ....................................................................................................................................................... ...

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ..................................................................................................................................................................................................... ....

Shri Mohta, Advocate for appellants, Shri Futane, Advocate for respondents.

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CORAM : MRS. SWAPNA JOSHI, J.

DATED : MARCH 01, 2019.

Civil Application No.249/2019 This is an application filed by the applicants for condonation of delay in bringing legal heirs of respondent no.1 and for setting aside abatement.

Heard. Perused the application. It is submitted that respondent no.1 died on 28.7.2016. For the reasons mentioned in the application, the delay needs to be condoned and it is hereby condoned, so also the abatement is set aside, subject to costs of Rs.500/- to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur within two weeks. Civil Application stands disposed of.

Civil Application No.250/2019 This is an application filed by the applicants for bringing legal heirs of respondent no.1 on record.

Heard. Perused the application. It is submitted that respondent no.1 died on 28.7.2016. In view thereof, his legal heirs are required to be brought on record. For the reasons mentioned in the application, the application is hereby allowed. Applicants to

2 sa203.18.odt bring the legal heirs of respondent no.1 on record within a period of two weeks.

Shri Futane, learned advocate waives notice for L.Rs. of respondent no.1.

Civil Application No.248/2019 This is an application filed by the applicants for amendment of appeal memo.

Learned advocate for the respondents prays for time of two weeks' to file the reply. At his request, stand over after two weeks. Civil Application No.1558/2018 This is an application filed by the applicant - Smt. Rekhatai wd/o Ramesh Chandurkar under Order 1 Rule 10 (2) of the Code of Civil Procedure for impleading as a party respondent. Learned counsel for the respondents does not press this application. In view thereof, the application stands disposed of as not pressed.

JUDGE Gulande