Janabai W/O Laxman Mate And Others v. Baburao Sadashiv Gadge And Others

1 SAst2882.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) ST. NO. 647 OF 2019 A ND CIVIL APPLICATION (CAO) ST. NO. 648 OF 2019 I N CIVIL APPLICATION (CAS) NO.436 OF 2018 IN SECOND APPEAL ST.

NO.

OF 20 (JANABAI LAXMAN MATE & OTH......VS.. BABURAO SADASHIV GADGE & OTH..) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ........................................................................................................................................................................ Shri V.N.Patre Advocate for Applicants/Appellants. Shri S.V.Ingole, Adv. h/f. Shri J.S.Wankhade, Adv. for Proposed LRs. No.1 (a) to (c) None for Non-applicant Nos.2,4,5,6,7 and LRs. CORAM : A NIL S. KILOR , J.

DATED : NOVEMBER 17 , 20 .

Heard.

2.

This is an application for condonation of delay. There is a delay of 215 days in filing the application for bringing legal representatives of respondent Nos. 1 and 3. 3.

Learned counsel for the applicants submits that sufficient cause has been shown in the application for causing delay in filing the application for bringing legal representatives on record and for setting aside abatement. 4.

Shri Ingole, learned counsel appearing on behalf of the LRs of non-applicant No.1 has no objection

2 SAst2882.18 if the present application is allowed. None for the other non-applicants and legal representatives of non-applicant No.3.

5.

In view of the fact that sufficient cause has been shown in the application and as the non-applicant No.1 has no objection to allow this application, the application is allowed. The delay caused in filing the application for bringing legal representatives on record and setting aside abatement is condoned.

CIVIL APPLN.NO. 648/2019.

For the reasons stated in the application, the application is allowed.

Amendment be carried out within one week.

Office to list the second appeal thereafter for admission.

JUDGE RRaut..