Shantabai Wd/O Laxmanrao Shimpi And 6 Others v. Munna S/O Nanuram Varma And 7 Others.

7.SA 444.06

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NOS. 1121/2022, 1122/2022 AND 1123/2022 IN SECOND APPEAL NO. 444 OF 2006 Shantabai Wd/o. Laxmanrao Shimpi and ors.

...VERSUS...

Munna S/o. Nanuram Varma and ors.

____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri R.M.Tiwari, Advocate h/f. Shri C.A.Joshi, Advocate for appellants. Shri C.A.Babrekar, Advocate h/f. Shri D.R.Khapre, Advocate for respondents.

CORAM

:

SMT. M. S. JAWALKAR, J.

DATE :

th NOVEMBER , 2022 Civil Application (CAS) No. 1121/2022 is filed by the appellants for setting aside abatement against deceased appellant no. 6.

2.

Civil Application (CAS) No. 1122/2022 is filed for condonation of delay in bringing the legal heirs of appellant no. 6 on record. 3.

Civil Application (CAS) No. 1123/2022 is filed for bringing the legal heirs of deceased appellant no. 6 on record. 4.

It is informed by the learned counsel for the appellants that the matter is amicably settled between the parties. There is no objection by the respondents to bring the legal heirs of appellant no. 6 on record by setting aside the abatement and condoning the delay.

7.SA 444.06 5.

The applications are supported by the affidavits and death certificate is placed on record.

6.

As such, for the reasons stated in the applications, the applications are allowed.

7.

Delay in filing application for bringing the legal heirs of appellant no. 6 on record is hereby condoned, abatement is set aside and permission is granted to the appellants to bring the legal heirs of appellant no. 6 on record.

8.

Amendment to be carried out within a week.

9.

Accordingly, the applications are disposed of. CIVIL APPLICATION (CAS) NOS. 1124/2022 AND 1125/2022 Civil Application (CAS) No. 1124/2022 is filed by the appellants for condonation of delay in bringing the legal heirs of appellant no. 4 on record.

2.

Civil Application (CAS) No. 1125/2022 is filed for bringing the legal heirs of appellant no. 4 on record.

3.

The respondent is having no objection. As such, for the reasons stated in the applications, applications are allowed. 4.

Delay in filing application for bringing the legal heirs of appellant no. 4 on record is hereby condoned and permission is granted to the appellants to bring the legal heirs of appellant no. 4 on record.

5.

Amendment to be carried out within a week.

6.

Accordingly, the applications are disposed of. (Smt. M.S. Jawalkar, J.) B.T.Khapekar