Veerumal Tejumal Tulsani v. Ku.Minaxi Chokhoba Khobragade And 7 Others.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Civil Application [CAS] No. 627 of 2015 IN Second Appeal No. 173 of 1992 [Veerumal Tejumal Tulsani Ku. Minaxi Chokhoba Khobragade & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Mohit Vaswani, Adv., for the appellant.

None for the respondents.

----

CORAM

:

A.B. CHAUDHARI, J.

DATE :

09th March, 2016 By this application, the appellant requests to condone the delay in filing application for setting aside abatement following the death of respondent no.6. Heard learned counsel for the appellant. None appears for the respondents, though served.

Accepting the reasons furnished in the application to be sufficient and satisfactory, and though nobody appears for the respondents to oppose the application, in view of the fact that respondent no.6 died leaving behind the legal heirs, the appellant has a right to continue prosecution of the appeal against them, the application is allowed, delay is condoned.

----- Civil Appln. No. 626/15 :

This is an application to set aside abatement. Heard.

For the reasons stated in the application, the application is allowed and abatement is set aside. ---- Civil Appln. No. 539/15 :

This is an application to bring on record the names of the legal heirs of deceased respondent no.6. Heard.

For the reasons stated in the application, the application is allowed. Amendment be carried out within two weeks.

Judge |hedau|