Bapurao S/O Jairam Gatkine (Since Deceased) Thr. Lrs. Ashok Bapurao Gatkine And Another v. Bhaurao S/O Jairam Gatkine (Since Deceased) Thr. Lrs. Smt. Leelabai Wd/O Bhaurao Gatkine And Others

25sa413-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil application (CAS) No.641 of 2023 In Second Appeal No. 413 of 2019 Bapurao S/O Jairam Gatkine (Since Deceased) Thr. Lrs. Ashok Bapurao Gatkine And Another Vs Bhaurao S/O Jairam Gatkine (Since Deceased) Thr. Lrs. Smt. Leelabai Wd/O Bhaurao Gatkine And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.S. Verma, Advocate for the Applicant/Appellant Shri K.R. Lule, Advocate for the respondent No.3 CORAM : ANIL S. KILOR, J.

DATED : 04th May 2023 1.

This is an application for condonation of delay in filing bringing legal heirs of respondent No.2 and setting aside abatement of appeal against the respondent No.2 2.

The reason stated in the application for delay is that earlier a brief was with the another counsel, however, after change of counsel, the counsel suffered from Corona Virus and he could not take immediate steps to file the application for bringing legal heirs of respondent No.2, on record within limitation and therefore, the present application.

nd.thawre

25sa413-2019.odt 3.

Considering the reasons stated in the application and on finding that the reasons are sufficient and satisfactory for showing the cause of delay, the application is allowed. The delay is condoned. Abatement is set aside against the respondent No.2. Necessary amendment be carried out within two weeks. The application is disposed of accordingly.

[ANIL S. KILOR, J.] DOMAJI THAWRE 13:18 nd.thawre