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Bombay High CourtCAW/2047/2023ca disposed off

Shamsundar Kaluram Khetan And Others v. Amar S/O Mohankumar Jhunjhunwala And Others

2023-09-15Hon'Ble Shri Justice Anil S. Kilor3 pages

2023:BHC-NAG:13791 1 87-WP776-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2043 OF 2023 A ND CIVIL APPLICATION (CAW) NO.2044 OF 2023 A ND CIVIL APPLICATION (CAW) NO.2047 OF 2023 A ND CIVIL APPLICATION (CAW) NO.204 OF 2019 IN WRIT PETITION NO.

OF 20 (SHAMSUNDAR KALURAM KHETAN & OTH..VS.. AMAR MOHANKUMAR JHUNJHUNWALA & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R.Joharapurkar, Advocate for Petitioners. Shri V.N.Vyawahare, Advocate for Respondent No.1. Shri D.P.Thakre, Addl. G.P. for Respondent Nos. 5 & 6. CORAM : A NIL S. KILOR , J.

DATED : SEPTEMBER 15 , 20 .

C IVIL APPLN.NO.2043/2023 .

1.

This is an application for condonation of delay in filing application for bringing Legal Representatives of Respondent No.3 on record and also for filing an application for setting aside abatement.

2.

Since the delay has been properly explained, the application is allowed. The delay is condoned. 3.

The Civil Application is disposed of accordingly.

2 87-WP776-2018 CIVIL APPLN.NOS.2046/2023 & 2047/2023.

4.

For the reasons stated in the applications, both the applications are allowed.

5.

The abatement against respondent No.3 is set aside. The petitioners are permitted to bring LRs of respondent No.3 on record.

6.

The necessary amendment be carried out within two weeks from today.

Both the Civil Applications are disposed of accordingly.

CIVIL APPLN.NO.204/2019.

7.

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

8.

The necessary amendment be carried out within two weeks from today.

The Civil Application is disposed of accordingly.

3 87-WP776-2018 WRIT PETITION NO.776/2018.

Upon necessary compliance of the aforesaid order, within stipulated period, issue notice to the newly added respondents, returnable on 04/12/2023.

Learned Advocate Shri V.N.Vyawahare waives notice for the respondent No.3-C.

JUDGE RRaut..