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Bombay High CourtCAF/1235/2023ca disposed off

Sau. Nalini W/O Vinayak Chavhan And Another v. Smt. Shantabai Wd/O Gopal Bawankule

2023-04-28Hon'Ble Justice Urmila Joshi Phalke2 pages

53 CAF-1235-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.1235 OF 2023 IN FIRST APPEAL NO.1615 OF 2019 [Sau. Nalini w/o Vinayak Chavhan and Anr. ..V/s.. Smt. Shantabai wd/o Gopal Bawankule] ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr D. Ailani, Adv. h/f Mr U. J. Deshpande, Advocate for Appellants. CORAM : URMILA JOSHI-PHALKE , J.

DATE : 28 th APRIL, 3 .

.

Present application is for condonation of delay of 878 days, which is caused in bringing the legal heirs of deceased appellant No.2 on record.

2.

In view of the reasons mentioned in the application, the application is allowed and delay of 878 days is hereby condoned. 3.

The civil application is disposed of.

CIVIL APPLICATION (F) NO.1236 OF 2023 AND 1237 OF 2023.

4.

These applications are for setting aside the abatement order and bringing the legal heirs on record. 5.

The appellant No.2 is reported to be dead, however, appellant No.1 could not inform to the Court about the demise of appellant No.2. The appellant No.1 is not aware about the legal provisions, and therefore, she has not informed. 6.

In view of the reasons mentioned in the applications, applications are allowed and abatement order is set aside and appellant No.1 is permitted to bring the legal heirs of deceased TAMBE

53 CAF-1235-2023 appellant No.2 on record.

7.

The appellant No.1 to carry out the amendment. 8.

Both the civil applications are disposed of.

JUDGE.

ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE