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Bombay High CourtCAS/607/2022ca disposed off

Prakash S/O Laxman Bharti v. Dipak S/O Laxman Bharti And Another

2022-10-07Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 912 cas 607-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.607/2022 WITH CIVIL APPLICATION (CAS) NO.608/2022 IN SECOND APPEAL ST. NO. 871/2021 (D) Prakash s/o Laxman Bharti Vs.

Shri Dipak s/o Laxman Bharti and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Dangore, Advocate for applicant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

07/10/ The notices are yet to be issued in second appeal, the present Civil Application No.607/2022 for setting aside abatement and bringing legal heirs of sole appellant on record and Civil Application No.608/2022 for condonation of delay in filing application for bringing legal heirs of sole appellant on record are hereby allowed for the reasons stated in the applications.

2.

The applicant is permitted to bring the legal representatives of sole appellant on record.

3.

Necessary amendment to be carried out within one week.

4.

Applications stand disposed of accordingly.

2 912 cas 607-2022 CIVIL APPLICATION (CAS) NO.873/2021 The present application is filed for condonation of delay in filing second appeal. 2.

For the reasons stated in the application, I am satisfied that there is no intentional or deliberate delay. It is informed that in connected matter arising out of same judgment, delay has been already condoned. As such delay is hereby condoned.

3.

The application is allowed and disposed of accordingly.

4.

The Registry is directed to register the second appeal.

4.

After registering the second appeal, list the matter along with Second Appeal No.159/2022.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE