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Bombay High CourtCAF/1405/2022ca disposed off

The United India Insurance Co. Ltd. Chandrapur Thr. Its Regional Manager, Nagpur v. Namdeo S/O Tulshiram Meshram And Others

2023-09-29Hon'Ble Shri Justice G. A. Sanap2 pages

1 28.FA.1526.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1404 OF 2022 AND CIVIL APPLICATION (CAF) NO.

OF 202 AND CIVIL APPLICATION (CAF) NO.

OF 202 AND CIVIL APPLICATION (CAF) NO.

OF 202 IN FIRST APPEAL NO. 1526 OF 20219 United India Insurance Co. Ltd.

VS.

Namdeo Meshram and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Parth Ranade, Adv. h/f. Mr H. V. Thakur, Advocate the appellant Mr T. T. Mirza, Adv. h/f. Mr A. M. Quazi, Advocate for respondent Nos. 1(A) and 1(B) CORAM :

G.A. SANAP, J.

DATE :

SEPTEMBER 29, 2023.

Civil Application No. 1405 of 2022 is made for condonation of delay of 128 days caused in filing an application for setting aside abatement. Civil Application No. 1404 of 2022 is made for setting aside an abatement. Civil Application Nos. 1406 and 1407 are made to bring on record legal heirs of deceased respondent No.1, whose particulars have been provided in para No. 3 of the Civil Application No. 1407 of 2022. Learned holding Advocate

2 28.FA.1526.2019 for the respondent No.1 (A) and 1(B) has no serious objection.

2.

In view of the reasons stated in the application, the application for condonation of delay caused in filing application for setting aside abatement is allowed. Delay is condoned. The application for setting aside abatement is allowed. The abatement is set aside. The applications for bringing on record legal heirs are also allowed. The appellant shall bring the legal heirs on record within two weeks. All civil applications stand disposed of, accordingly. F IRST APPEAL NO. 1526 OF 2019 3.

Learned holding Advocate waives service of notice on behalf of legal heirs of respondent No.1.

4.

Copy be supplied to legal heirs.

(G. A. SANAP, J.) Namrata