The Chief Officer, Municipal Council, Gondia, Through Its Chief Officer v. Santosh S/O. Dhekalprasad Patle And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 509/2023 IN MISC. CIVIL APPLICATION ST. NO. 4427/2023 IN FIRST APPEAL NO. 1301/2017 The Chief Officer, Municipal Council, Gondia, Thr Its Chief Officer Vs Santosh S/O. Dhekalprasad Patle And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Shahu, counsel h/f Mr M.I. Dhatrak, counsel for the applicant/ appellant CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/04/ Heard.

This is an application for setting aside the abatement order.

As per the contention of the appellant, respondent No.5- Smt. Sarojini Deoram Bisen expired on 26/5/2017. However, the appellant was not aware about the same. After the notice report, the appellant came to know about her death and therefore, the application was not filed for bringing the legal representatives on record. 4.

application, there is sufficient and reasonable cause for setting aside the abatement order.

5.

Civil application is allowed and disposed of. The abatement order is set aside

Civil Application No. 510/2023 The present application is for condonation of delay which is caused in bringing the legal representatives of respondent No.5 on record.

application, respondent No.7- Radhabai Patle expired on 07/11/2020, and respondent No.5 -Smt. Sarojini Deoram Bisen expired on 26/05/2017. However, the appellant was not aware about the same and for want of knowledge, the application was not filed to bring the legal representatives on record. Therefore, the delay of 1400 is caused in bringing the legal representatives on record. application, the delay of 1400 days is condoned. Civil application is disposed of.

CIVIL APPLICATION (CAO) NO. 511/2023 The present application is for bringing legal representatives of respondent No.5 on record. application, the appellant is permitted to carry out the amendment by bringing the legal representatives of respondent No.5 on record.

The legal representatives of respondent No.7 are already on record 4.

In view of that civil application is disposed of.

CIVIL APPLICATION (CAO) NO. 512/2023 The present application is for correcting the name of respondent No.6.

application and considering that inadvertently the name of respondent No.6 is incorrectly mentioned, the name of respondent No.6 after marriage is Smt Pushpalata w/o Suresh Rinayat In view of that appellant is permitted to correct the name of respondent No.6 as Smt Pushpalata w/o Suresh Rinayat in the cause title.

Civil Application is disposed of.

JUDGE Signed By:RAJESH K NANDURKAR