Kisana Sadashiv Nagrale, Through Lrs Smt. Kamala Kisana Nagrale, Wardha And Others v. Vitthal Tanbaji Khode And Another

caf325,326&802.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application (CAF) Nos. 325, 326 and 802 of 2015 in FIRST APPEAL No. 224 of 2005 (Kisana S/o Sadashiv Nagrale through his L.Rs. Smt. Kamala wd/o Kisana Nagrale and ors. Vs. Vitthal S/o Tanbaji Khode and anr.) ...................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...................................................................................................................................................................... Ms. Sonali Sawre, Adv. H/f Shri Bharat Vora, Advocate for appellants/applicants Shri Dhore, Advocate for respondent no. 1 Mrs. Mrunal Naik, Advocate for respondent no. 2 CORAM: A. S. CHANDURKAR J.

DATED: 7-4-2015.

By these applications, it is prayed that abatement of the appeal be set aside by condoning the delay in bringing on record legal representatives of the sole appellant.

Applications are opposed by the learned counsel for respondent no. 2 on the ground that compensation was sought on account of injuries sustained in the accident and cause of action does not survive on account of death of the appellant.

caf325,326&802.15 The objection regarding survival of cause of action is required to be adjudicated on merits after hearing the legal representatives. Hence, the civil applications are allowed.

The abatement is set aside and legal representatives are permitted to be brought on record.

Cause title be amended within a period of one week.

The objections on merits of the respondents are kept open.

The civil applications are disposed of.

JUDGE wasnik