Budhaji S/O Lataruji Meshram (Dead) And 2 Others v. Shri Sharawan S/O Sambhaji Katkar And Others

909.CAO 410 to 412-2023 in CAO 779-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CA O ) NO. 410/2023, 411/2023 AND 412/2023 IN CIVIL APPLICATION (CAO) NO. 779 OF 2021 IN MISC. CIVIL APPLICATION (ST.) NO. 13729 OF 2021 IN REJ. SECOND APPEAL NO. 701 OF 2018 ( S.A. ST.

NO. 11906/2018 ) BUDHAJI S/O. LATARUJI MESHRAM AND ANR.

...VERSUS...

SHARAWAN S/O. SAMBHAJI KATKAR AND ORS.

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

Shri Raja Dandawate, Advocate h/f. Shri M.P.Khajanchi, Advocate for appellants/applicants.

Shri D.M.Barde, Advocate h/f. Ms. Shilpa O. Tapdiya, Advocate for respondent nos. 2 to 5.

CORAM

:

SMT. M. S. JAWALKAR,J.

DATE :

th MARCH, 2023 The present applications are filed by the applicants for condonation of delay in bringing the legal heirs (LRs.) of deceased appellant no. 1 on record by setting aside abatement. There is delay of 75 days.

2.

Learned counsel for the respondents opposed for same. However, for the reason stated in the application, I am satisfied that there is no deliberate or intentional delay. As the right to sue survives, applications are allowed.

3.

Delay in bringing legal heirs of deceased appellant no. 1 on record is hereby condoned and abatement is set aside so also

909.CAO 410 to 412-2023 in CAO 779-21.odt permission is granted to bring the names of legal heirs of deceased appellant no. 1 on record.

4.

Necessary amendment to be carried out within one week. 5.

Accordingly, the applications are disposed.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar