Ganesh Ramchandra Dhoble And Another v. Rukhmabai Pathe (Dead) Through Lrs. Jankabai Nivrutti Dhoble And Others

2023:BHC-NAG:17073 906-CAS 734 to 737 in CAO 305-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NOS. 734/2022, 735/2022, 736/2022 AND 737/2022 IN CIVIL APPLICATION (CAO) NO. 305 OF 2020 IN MISC. CIVIL APPLICATION (ST.) NO. 1163 OF 2020 IN REJ. SECOND APPEAL NO. 240 OF 2009 (S.A. ST. 431/2009) GANESH RAMCHANDRA DHOBLE AND ANR.

...VERSUS...

RUKHMABAI PATHE (DEAD) THR. LRS. JANKABAI NIVRUTTI DHOBLE AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri Chaitanya Kulkarni, Advocate h/f. Shri A.S. Deshpande, Advocate for appellants.

CORAM

:

SMT. M. S. JAWALKAR,J.

th DECEMBER , 2023 DATE :

The present applications are filed for condonation of delay in setting aside abatement and in bringing the legal heirs of respondent no. 1(a) on record as well as for setting aside abatement and for bringing the legal heirs of respondent no. 1(a) on record. 2.

Though the legal heirs of respondent no. 1(a) are served, none appears for them. As such, for the reasons stated in the application, the applications are allowed.

3.

Delay in setting aside abatement and in bringing the legal heirs of respondent no. 1(a) on record is hereby condoned. Abatement is set aside. The appellants are permitted to bring the legal heirs of respondent no. 1(a) on record.

906-CAS 734 to 737 in CAO 305-20.odt 4.

Necessary amendment to be carried out within a period of two weeks.

5.

Accordingly, the applications stand disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar