Smt. Geeta Jayant Kolte v. Sanjay Narsi Chawan And Another

2025:BHC-NAG:9181

41. CAW 552 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.552/2025 IN WRIT PETITION NO.3192/2021 Smt. Geeta Jayant Kolte ...Versus...

Sanjay Narsi Chawan and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mrs. K.S. Joshi, Advocate for petitioner/applicants CORAM : ROHIT W. JOSHI, J.

DATE : 16/09/2025 1.

The present petitioner, who is defendant in Misc. Judicial Case No.108/2013 pending on the file of the learned Small Causes Court at Nagpur has expired on 14/06/2022. 2.

The application is filed on 04/03/2025, which is beyond limitation. A statement is made in paragraph No.2 of the application that intimation regarding demise of petitioner/defendant was given to the respondents/applicants in the pending Misc. Judicial Case on 26/09/2022. It is stated that application for bringing legal heirs of deceased petitioner/defendant was allowed by the learned trial Court on 11/12/2024 and thereafter the present application is filed on 04/03/2025.

3.

Learned Advocate for the petitioner states that since the proceedings out of which present petition has arisen, had itself abated, present application for bringing legal representatives of petitioner is filed after abatement of the

41. CAW 552 of 2025.odt same was set aside by bringing legal representatives on record. 4.

In view of above, the delay caused in filing the application for bringing legal representatives of deceased petitioner is condoned and abatement of petition is set aside and permission is granted to bring the names of the present applicants as legal heirs of deceased petitioner on record. Necessary amendment be carried out on or before 30/09/2025.

5.

The civil application stands disposed of. No order as to costs.

(ROHIT W. JOSHI, J.) Wadkar