Bombay High CourtCAO/1447/2019ca disposed off

Smt. Parbhi Bhika Jadhav Thr. P.O.A. Madhukar Bhika Jadhav v. Chandrakant Kailas Rathod And Another

2019-08-08Hon'Ble Shri Justice V.M. Deshpande2 pages

1 cao1446.2019+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1446/2019 AND CIVIL APPLICATION (CAO) NO.1447/2019 IN CIVIL APPLICATION (CAS) NO.491/2019 IN SECOND APPEAL STAMP NO. 7252/2019 Smt. Parbhi Bhika Jadhav ..VS..

Chandrakant Kailas Rathod and Anr.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. S. Bhalerao, Advocate for the applicant CORAM : V. M. DESHPANDE, J.

DATED : 08/08/2019 These two applications are for condonation of delay and for bringing the names of legal representatives of deceased applicant on record.

2] Heard Shri S. S. Bhalerao, the learned counsel for the applicant.

3] Smt. Parbhi Bhika Jadhav filed second appeal, however, the said appeal was barred by limitation, therefore, Civil Application No. 491/2019 is filed before this Court on 26/03/2019.

4] According to the learned counsel, Smt. Parbhi Bhika Jadhav died on 10/03/2019. Cause title of Civil Application No. 491/2019 shows that Smt. Parbhi Bhika

2 cao1446.2019+1 Jadhav was bed ridden and the application was affirmed by her son Madhukar Bhika Jadhav, who was also holding power of attorney on 07/03/2019.

5] The learned counsel submitted that after the death on 10/03/2019, the said fact was not intimated to the counsel.

6] I have gone through the averments in Civil Application No.1446/2019 and Civil Application No. 1447/2019 which are on affidavit by Madhukar Bhika Jadhav. Both the applications are allowed. Counsel for the applicant is permitted to bring the legal representatives of deceased applicant Smt. Parbhi Bhika Jadhav on record in her place.

The amendment be carried out within a period of one week from today.

JUDGE Namrata