Ahilyabai Wd/O Shankarsingh Gour And Oths v. Sulkabai Wd/O Hemraj Chikhlondhe And Oths

2024:BHC-NAG:9103 8 CAS-535-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.535 OF 2024 WITH CIVIL APPLICATION (S) NO.536 OF 2024 WITH CIVIL APPLICATION (S) NO.537 OF 2024 AND CIVIL APPLICATION (S) NO.526 OF 2024 WITH CIVIL APPLICATION (S) NO.527 OF 2024 WITH CIVIL APPLICATION (S) NO.528 OF 2024 I N SECOND APPEAL NO.368 OF 2011 [Shankar Singh Bhagwan Singh Gour (Dead) thr LRs and Ors. ..Vs.. Sulkabai Wd/o Hemraj Chikhlondhe and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. Sharma, Advocate for Applicants/Appellants.

CORAM

: M. W. CHANDWANI, J.

DATE : 16 th AUGUST , 202 4 .

1.

Heard.

2.

By the present applications, the applicants are seeking to condone the delay in bringing the legal representatives of deceased respondent Nos.2 and 3 on record ; permission to bring the legal representatives of respondent Nos.2 and 3 ; and setting aside the abatement order.

3.

Though the legal representatives of respondent Nos.2 and 3 are served, no reply has been filed.

4.

For the reasons mentioned in the applications, the applications are allowed and the delay in bringing the legal TAMBE

8 CAS-535-2024 representatives of the deceased respondent Nos.2 and 3 is hereby condoned. Since right to sue survives against the legal representatives of the deceased respondent Nos.2 and 3, permission is granted to bring the legal representatives of the said respondents on record. Accordingly, the abatement order is set aside.

5.

Necessary amendment be carried out within a week from today.

6.

The civil applications are disposed of accordingly. JUDGE TAMBE