Sakhubai @ Shakuntalabai Wd/O Laxman Kale And Others v. Chandrabhushan Ramakant Dube And Others

Order 8 sa 404-2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAS NO.519/2021 IN SECOND APPEAL NO.404/2003 Sakhubai @ Shankuntalabai wd/o Laxman Kale and others, Vs.

Chandrabhushan Ramakant Dubey and others.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri Y.J. Chandurkar, Advocate for appellants. Shri Prathmesh Singh Kachawala h/f Shri Amit M. Kukday, Advocate for the respondent nos. 1(i),(ii)(iii), (v), (vi), 2(a) to 2 (e), 3, 5 and 6.

CORAM : S.M. MODAK , J.

DATE : SEPTEMBER 07, 2021.

Heard learned Advocate Shri Y.J. Chandurkar and Prathmesh Singh Kachawala holding for Shri Amit M. Kukday, Advocate for the respondent nos. 1(i),(ii)(iii), (v), (vi), 2(a) to 2 (e), 3, 5 and 6.

Appellant no.9 Rajesh expired on 21/04/2020.

Copy of the death certificate is annexed. Due to lockdown period, steps of bringing legal representatives could not be taken. There is delay of 333 days in preferring the application. The delay is opposed. However, I find the reasons convincing. Hence, the following order:

i) the delay of 333 days is condoned.

ii) the name of appellant no.9 be deleted and the names of legal representatives mentioned in the application bearing Civil Application No.520/2021 be added.

Order 8 sa 404-2003 iii) amendment be carried out.

iv) amended copy be supplied to respondents.

All applications have disposed of.

The matter be kept after three weeks.

JUDGE R.S. Sahare