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Bombay High CourtCAS/469/2021allowed

Kunda Pramod Ukey And Others v. Shrihar S/O Vishwanath Bhagat And Others

2021-09-21Hon'Ble Shri Justice S.M. Modak2 pages

14.SA.450.2016.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAS) No.469/2021 AND Civil Application (CAS) No.470/2021 AND Civil Application (CAS) No.471/2021 IN Second Appeal No.450/2016 Kunda Pramod Ukey & Ors. Vs. Shrihari Vishwanath Bhagat & Ors. ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Shri R.V. Gaikwad, Advocate for the Appellants. Shri N.B. Kalwaghe, Advocate for Respondent Nos.1 to 3. CORAM : S.M. MODAK, J.

DATE : 21 st SEPTEMBER, 2021.

Respondent No.1 expired on 7th October, 2020. Photocopy of the death certificate is annexed. The details of his legal representatives are given in Pursis Stamp No.03/2021. 02] There is a delay in filing application for setting aside the abatement in bringing on record the legal representatives of deceased respondent No.1.

03] Learned Advocate Shri Kalwaghe waives notice for the legal representatives of deceased respondent No.1. He is not objecting for all these reliefs. Hence, the order:-

ORDER

i.

All civil applications are allowed.

ii. Delay caused in filing an application for setting aside abatement and for bringing on record the legal

14.SA.450.2016.

2/2 representatives of respondent No.1 is condoned. iii. The name of deceased respondent No.1-Shrihari Vishwanath Bhagat be deleted and the names of his legal representatives be taken on record.

iv.Amended copy be served on the respondents. v. All civil applications are disposed of.

04] Learned Advocate Shri Kalwaghe also waives notice for the proposed legal representatives of respondent No.1 on appeal also. 05] Amendment be carried out forthwith.

06] Matter be kept after four weeks.

JUDGE vijay