Bombay High CourtCAS/1196/2022bail granted rejectedfor apeal

Ashok S/O Pandurangji Totewar v. Mukesh S/O Pandurangji Totewar And ANR

2022-12-09Hon'Ble Smt. Justice M. S. Jawalkar2 pages

902 cas 1195-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 1195/2022 WITH CIVIL APPLICATION (CAS) NO. 1196/2022 IN SECOND APPEAL NO.223/2012 Ashok S/o Pandurangji Totewar Vs.

Mukesh S/o Pandurangji Totewar and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Ms Mallika Babhulkar, Advocate h/f Shri P.v. Bhoyar, Advocate for respondent Nos. 1 & 2 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 09/12/2022 Present applications are filed for condonation of delay in filing application for permission for bringing legal representatives of appellant on record. It is submitted that the sole appellant expired on 21/12/2020. The legal representatives of deceased appellant were not aware that their names has to be brought on record. They approached in the month of July, 2022 by filing the present application. There is 510 days delay in filing application. 2.

The applications are opposed by the Counsel for respondents as reasons stated in the application are not satisfactory.

Jayashree..

902 cas 1195-2022.odt 3.

The suit is for partition, it will not abate. The right to sue survives. The application is supported by affidavit and death certificate. As such application is allowed. Delay in filing applications for setting aside abatement and bringing legal representatives is hereby condoned. Permission is granted to the proposed legal representatives of appellant to substitute their names in place of appellant. 4.

Necessary amendment to be carried out within a week.

The applications are disposed of.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..