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Bombay High CourtCAS/593/2021allowed

Hukumchad S/O Baburao Bahekar v. Ghanshyam S/O Kewoo Pathode And Others.

2022-10-12Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 / 2 01-SA 154.2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (S) NOS. 593 OF 2021, 594 OF 2021, AND IN SECOND APPEAL NO. 154 OF 2013 Hukumchand s/o Baburao Bahekar and others vs.

Ghanshyam s/o Kewoo Pathode and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Mr. Yogesh Mandpe, Advocate for applicants.

Mr. G. S. Patel, Advocate for respondent No.1. Mr. A. M. Kadukar, AGP for respondent Nos.2 and 3. CORAM :

SMT. M. S. JAWALKAR J.

DATE : 12/10/2022 These applications are filed for condonation of delay, setting aside of abatement and for grant of permission to bring legal representatives of deceased appellant on record.

2.

The applicants are the legal heirs of deceased appellant, who expired on 30/08/2020, during covid-19 pandemic, as such there was delay in filing the applications for setting aside of abatement and for bringing legal heirs of deceased appellant on record.

KOLHE

2 / 2 01-SA 154.2013 3.

For the reasons stated in the applications, the applications are allowed. The abatement is set aside, the delay in filing application for bringing legal heirs on record is hereby condoned. The applicants are permitted to bring on record the legal heirs of deceased appellant. Necessary amendment to be carried out within a period of one week.

JUDGE CHANDRAKANT KOLHE 10:35 KOLHE