Smt. Kalawatibai Wd/O Kishtamma Gonewar v. Smt. Jankammabai W/O Ragholu Ganewar (Dead) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 772 of 2021 Second Appeal No. 159 of 2018 Smt. Kalawatibai wd/o Kishtamma Gonewar

Versus

Smt. Jankammabai w/o Ragholu Gonewar (Dead) Smt. Chanannabai wd/o Ramlu Raynenewar 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 S.S. Deshpande, Advocate for appellant Shri S. Pardhy, Advocate for respondent Nos.2, 3, 4, 5 (B,C) CORAM : ANIL S. KILOR, J.

DATED : 16 NOVEMBER 2021 This is an application for condonation of delay filed by the proposed legal representatives of the appellant, in filing application for bringing legal representatives of deceased appellant and for setting aside abatement.

Heard Shri Sachin Deshpande, learned Counsel for the applicants and Shri Pardhy, learned Counsel for the respondents.

Shri Deshpande learned Counsel for the applicants points out that there is a delay of 189 days. He

submits that a sufficient cause has been shown in his application.

Shri Pardhy, learned Counsel for the respondents fairly states that he has no objection if the application is allowed.

Accordingly for the reasons stated in the application, application is allowed. Delay caused in filing application for bringing legal representatives of appellant on record and setting aside abatement, is condoned. The application is disposed of.

Civil application (CAS) Nos. 771/2021 and 773/2021 Heard Shri Deshpande, learned Counsel for the applicant and Shri Pardhy, learned Counsel for the respondents.

For the reasons stated in the applications and as the respondents have no objection if the applications are allowed, both the applications are allowed. The amendment be carried out within two weeks from today. Second Appeal No. 159 of 2018 The appellant is directed to file private paper book within four weeks from today.

Civil Application (CAS) No. 512/2020 This is an application for early hearing. Application is allowed. The office is requested to place this matter for final hearing in the week commencing from 10/01/2022.

[ANIL S. KILOR, J.] J. Pethe