Purushottam S/O Govindrao Dahakar (Dead) Through Lrs. Smt. Sumitrabai Wd/O Purushottam Dahake And 5 v. Jagdish Nagorao Movade (Described Himself As Adopted S/O Ghanshyam Jivtode) And Others

2025:BHC-NAG:6900 902 CAS-768-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.768 OF 2023 WITH CIVIL APPLICATION (S) NO.769 OF 2023 IN SECOND APPEAL NO.234 OF 2015 [Purushottam S/o Govindrao Dahake (Dead) thr LRs ..Vs.. Jagdish Nagorao Movade and Others] WITH SECOND APPEAL NO.143 OF 2015 [Jagdish Ghanshyam Jivtode ..Vs.. Purushottam S/o Govindrao Dahake (Dead) thr LRs] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. D. Bhuibhar, Advocate for Applicants/Appellants. Ms I. Jaiswal, Adv. h/f Mr S. A. Chaudhari, Advocate for Non-Applicant/Respondent No.1.

CORAM

: M. W. CHANDWANI, J.

DATE : 18 th JULY , 2025 .

1.

Heard.

2.

These are the applications for condonation of delay of 155 days and for bringing the legal representative of deceased respondent No.8 on record.

3.

The contention is that the applicants/appellants recently came to know about the death of respondent No.8. Though, the legal representative of deceased respondent No.8 was served, but nobody appeared.

4.

Considering the reasons mentioned in the applications, the applications are allowed and the delay of 155 days is hereby condoned. Since right to sue survives against the legal

902 CAS-768-2023 representative of deceased respondent No.8, permission to bring his name on record is granted.

5.

Amendment to be carried out within a week. After the amendment is carried out, notice be issued to the legal representative of deceased respondent No.8, returnable within three weeks.

6.

Accordingly, the civil applications stand disposed of. JUDGE Tambe.