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Bombay High CourtCAS/546/2020ca disposed off

Mr. Ashok S/O Hemant Salankar And Others v. Smt. Suman Wd/O Subhashrao Salankar

2021-12-03Hon'Ble Shri Justice Anil S. Kilor2 pages

9-cas-546-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAS) No. 545 of 2020 in Second Appeal No. 316 of 2018 Ashok S/o Hemant Salankar and others

Versus

Smt. Suman Wd/o Subhashrao Salankar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. Kirti Deshpande, Advocate h/f Shri Rajnish Vyas, Advocate for the Appellants.

Shri A.B. Patil, Advocate for the non-applicant. CORAM : ANIL S. KILOR, J.

DATED : 3rd DECEMBER, 2021.

Heard the learned counsel for the respective parties.

2.

This is an application for condonation of delay of 240 days in bringing the legal heirs of appellant no.3 on record.

3.

Learned counsel for the appellants submits that sufficient reason has been shown in the application more particularly in paragraphs 2 and 3. It is further submitted that the delay was bonafide and not intentional. 4.

Shri Patil, learned counsel appearing for the non-applicant has no serious objection if the application is allowed.

SKNair

9-cas-546-20.odt 5.

Accordingly, as this Court has found reasons stated in the application as satisfactory and as there is no serious objection by the non-applicant, the delay caused in filing the application for bringing the legal representatives of appellant no.3 is condoned.

6.

The Civil Application is disposed of.

Civil Application (CAS) No. 546 of 2020.

1.

Heard.

2.

For the reasons stated in the application, the application is allowed. The appellants are permitted to bring the legal heirs of appellant no.3 on record. 3.

Amendment be carried out within one week.

4.

Civil Application is disposed of.

Civil Application (CAS) No. 544 of 2020.

1.

Heard 2.

For the reasons stated in the application, the abatement is set aside.

3.

Civil Application is disposed of.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2021.12.06 17:21:37 +0530 SACHINDANAND K NAIR SKNair