Mahadeo S/O Bajirao Kothekar (Dead) Through Lrs. Krishna S/O Mahadeo Kothekar And Others v. Tulsiram S/O Sampat Kothekar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAC) NO. 56 OF 2023 & 57 OF 2023 IN CIVIL REVISION APPLICATION NO. 64 OF 2023 Mahadeo s/o Bajirao Kothekar (dead) Thru. Lrs Vs.

Tulsiram s/o Sampat Kothekar ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. C.H. Sharma, Advocate for applicant.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 14.07.2025.

Learned counsel for applicants has filed the application for condonation of delay in setting aside the abatement to bring legal representatives of non-applicant on record.

2.

Learned counsel for applicant has stated that the non-applicant died on 21.03.2022, due to old age. The applicant is staying with his daughter in Nagpur and was not aware about the death of non-applicant.

Prity

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There is a delay of 326 days in filing of the application for bringing legal representatives of non-applicant on record.

4.

Considering the reason given by the applicant, the delay is condoned. The abatement is set aside.

5.

Both civil applications are allowed and stand disposed of accordingly.

6.

After the legal representatives of the nonapplicant are brought on record, issue notice to the legal representatives of non-applicant, returnable on 11.08.2025.

(Mrs. Vrushali V. Joshi, J.) Prity