Shri Anil S/O Madhusudan Ghade v. M/S Deshmukh Mangal Karyalaya Through Partners, Shekhar S/O Shridharrao Deshmukh And Others
1 24 sa 70-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.227/2022 WITH CIVIL APPLICATION (CAS) NO.228/2022 WITH CIVIL APPLICATION (CAS) NO.229/2022 IN SECOND APPEAL ST. NO.9514/2020 Shri Anil s/o Madhusudan Ghade Vs.
M/s Deshmukh Mangal Karyalaya A partnership Firm through its partners 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.R. Wagh, Advocate for applicant CORAM :
SMT. M.S. JAWALKAR, J.
DATED :
09/03/ The present Civil Application No.227/2022 is filed for setting aside abatement, Civil Application No.228/2022 is filed for condonation of delay in bringing legal heirs on record and Civil Application No.229/2022 is filed for bringing legal heirs on record.
2.
It is submitted that due to COVID-19 Pandemic and lock-down in Maharashtra, the legal heirs could not contact to the Counsel. In view thereof, delay of 127 days caused in filing application for bringing legal heirs and setting aside abatement. 3.
For the reasons stated in the application, application is allowed. As such, delay in filing application for bringing legal heirs on record is
2 24 sa 70-2022 condoned. Abatement is set aside. The applicants are permitted to add their names in place of deceased appellant as right to sue survive.
4.
Necessary amendment to be carried out within a period of two weeks.
5.
All applications stand disposed of accordingly. JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE