Raghunath Vithoba Bande v. Mahadeo Jago Gothe (Dead) Thr. Lrs. Chandrabhaga Mahadeorao Gothe And Others

2023:BHC-NAG:13262 6-CAS 1102-23 in SA 37-2010.odt1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 1102 OF 2023 IN SECOND APPEAL NO. 37 OF 2010 RAGHUNATH VITHOBA BANDE ...VERSUS...

MAHADEO JAGO GOTHE 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 L.S.Borkar, Advocate h/f. Shri A.Z. Jibhkate, Advocate for appellant. Shri R.D. Murkute, Advocate for respondent no. 1.

CORAM

:

SMT. M. S. JAWALKAR,J.

th SEPTEMBER, DATE :

The present application is filed for condonation of delay in filing application for setting aside abatement and bringing legal heirs of sole appellant on record. There is about six months' delay. 2.

It is submitted that, when the matter was listed for final hearing on 05/07/2023, it was informed by applicant no. 3 that, the sole appellant has died. Thereafter, the present application is filed. 3.

Though the application is opposed, as the right to sue survives, the application is allowed.

4.

Delay in filing application for setting aside abatement and bringing legal heirs of sole appellant on record is hereby condoned and abatement is set aside.

5.

Accordingly, the application stands disposed of.

6-CAS 1102-23 in SA 37-2010.odt2 CIVIL APPLICATION (CAS) NO. 1103 OF 2023 The present application is filed for bringing legal heirs of sole appellant on record.

2.

The application is supported by affidavit and death certificate of sole appellant. As such, for the reasons stated in the application, the application is allowed.

3.

The applicants are permitted to bring the names of legal heirs of sole appellant on record who expired on 03/09/2022. 4.

Necessary amendment to be carried out within a period of two weeks.

5.

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