Shri Diwakar S/O Anandrao Balki v. Bhudan Yagna Board Through Its Secretary, Nagpur And Another

2024:BHC-NAG:5967 4 CAS-231-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (CAS) NO.231 OF 2024 AND CIVIL APPLICATION (CAS) NO.232 OF 2024 IN SECOND APPEAL NO.306 OF 2009 [Diwakar Anandrao Balki ..Vs.. Bhudan Yagna Board through its Secretary and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr C. F. Bhagwani, Advocate for Applicant/Appellant. Mr M. P. Kariya, Advocate for Respondent No.1.

CORAM

: M. W. CHANDWANI, J.

DATE : 11 th JUNE , 202 4 .

.

Heard.

2.

Nobody appears on behalf of respondent No.2.

3.

These applications are for condonation of delay of 31 days and bringing the legal heirs of deceased appellant on record.

4.

The original appellant died on 12.10.2023. I am satisfied with the reasons mentioned in the applications, therefore, the delay of 31 days in bringing the legal heirs is condoned. Since right to sue survives in favour of the proposed legal heirs of the deceased appellant, therefore, permission to bring the legal heirs of appellant on record is granted.

5.

Necessary amendment be carried out within a period of two weeks from today.

6.

Accordingly, applications are disposed of.

TAMBE

4 CAS-231-2024 SECOND APPEAL NO. 306 OF 2009.

7.

After carrying out the amendment, list the matter for final hearing.

(JUDGE) TAMBE