Shri Rambhau S/O Kothiram Mandhre v. Smt. Kawdabai Wd/O Godruji Mohankar And Others

26sa96-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAS No.816 of 2022 And CAS No.817 of 2022 In Second Appeal No.196 of 2019 SHRI RAMBHAU S/O KOTHIRAM MANDHRE VS SMT. KAWDABAI WD/O GODRUJI MOHANKAR AND OTHERS Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms V.P. Thakre, Advocate for the Applicant/Appellant Mr. P.S. Thakur h/f Shri N.V. Fulzele, Advocate for the respondent Nos. 12 to 14 CORAM : ANIL S. KILOR, J.

DATED : 17th March 2023 CAS No.816 of 2022 1.

This is an application for condonation of delay in filing the application for bringing legal heirs of respondent No.3 on record and setting aside abatement.

2.

Though the proposed legal heirs are served, none appears on behalf of the proposed legal heirs. 3.

There is delay of 461 days in filing the application for bringing legal heirs on record.

As the other respondents/non-applicants have no objection to allow the present application and the applicants have explained the delay properly and the explanation is found satisfactory and sufficient for condonation of delay, the application is allowed.

nd.thawre

26sa96-2019.odt 4.

The delay caused in filling application for bringing legal heirs of respondent No.3 on record, is condoned. 5.

The application is disposed of.

CAS No.817 of 2022 6.

Though the proposed legal heirs of respondent No.3 are served, none appears on behalf of the proposed legal heirs.

7.

For the reasons stated in the applicant, the application is allowed.

8.

Necessary corrections be carried out within one week. 9.

The application is disposed of.

[ANIL S. KILOR, J.] DOMAJI THAWRE 11:58 nd.thawre