Smt. Mathurabai Jagatrao Turuk And Others v. Sudhakar Jagdeorao Awachane, Akola And Others

sa.461.08 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.473 of 2015 and Civil Application [CAS] No.474 of 2015 and Civil Application [CAS] No.548 of 2015 in Second Appeal No.461 of 2008 (Smt. Mathurabai Jagatrao Turuk and others vs.

Sudhakar Jagdeorao Awachare and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ms. P.V. Khare, Advocate h/f Shri A.M. Gedam, Advocate for non-applicant/respondent Nos.1 to 7.

CORAM

: A.S. CHANDURKAR, J.

DATE : APRIL 13, 2016.

The prayer is to set aside the abatement of the appeal against appellant No.2 after condoning the delay. It is stated that appellant No.2 expired on 30/03/2012, however, communication to other appellants was not possible. Hence, there is delay in filing these applications.

The applications are opposed by the learned Counsel appearing for non-applicant Nos.1 to 7. It is stated that the reasons mentioned in the applications are not sufficient. Considering the averments made in paragraph 2 of Civil Application No.474/2015, the abatement of the appeal against appellant No.2 is set aside after condoning the delay.

sa.461.08 2/2 The legal representatives of appellant No.2 are permitted to be brought on record. The amendment be carried out within a period of one week from today.

The applications are allowed and disposed of. JUDGE *sdw