Smt. Bhimabai Pralhad Nimkarde v. Smt. Gayabai Wd/O Dnyandev Wavtalikar And Others

2024:BHC-NAG:7633 3 CAS-488-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.488 OF 2024 AND CIVIL APPLICATION (S) NO.489 OF 2024 AND CIVIL APPLICATION (S) NO.490 OF 2024 IN SECOND APPEAL NO.23 OF 2009 [Pralhad Narayan Nimkarde (Dead) thr LRs ..Vs.. Gayabai Dnyandev Wavatalikar and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms V. Gurdey, Adv. h/f Ms R. D. Raskar, Advocate for Applicant/Appellant. Mr O. Y. Kashid, Advocate for Non-Applicant Nos.1 to 6. Mr S. S. Deshpande, Advocate for Non-Applicant No.7.

CORAM

: M. W. CHANDWANI, J.

DATE : 16 th JULY , 202 4 .

.

Heard.

2.

By the application, the applicant wants to bring her name as legal representative of the deceased appellant Bhimabai Pralhad Nimkarde. However, the delay was caused, therefore, the application for condonation of delay has been made apart from application for setting aside abatement order.

3.

Learned counsel for non-applicants have no objection. 4.

Considering the reasons mentioned in the application, the delay in bringing the legal heirs of deceased appellant on record is hereby condoned. Since right to sue survives infavour of the legal heir of deceased appellant, the applicant is permitted to be brought on record. Accordingly, the TAMBE

3 CAS-488-2024 abatement order of appeal is set aside.

5.

The civil applications stand disposed of.

SECOND APPEAL NO.23 OF 2009 6.

List this matter for final hearing as per its turn. JUDGE TAMBE