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Bombay High CourtCAW/1477/2017ca disposed off

Prakash S/O Sheshrao Mankar And Others v. Bhimrao Narayanrao Mankar And Others

2017-08-09Hon'Ble Shri Justice S.C. Gupte2 pages

1 caw1475.17+2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.1475 OF 2017 AND CIVIL APPLICATION (CAW) NO.1476 OF 2017 AND CIVIL APPLICATION (CAW) NO.1477 OF 2017 IN WRIT PETITION NO.1791 OF 2013 (PRAKASH SHESHRAO MANKAR & OTH...VS..BHIMRAO NARAYANRAO MANKAR & OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K.Shukla h/f Shri R.L.Khapre, Adv. for Petitioners. Shri L.A.Mohta, Advocate for Respondent Nos.1 & 4. Ms M.A.Barabde, A.G.P. for Respondent Nos.5 & 7. CORAM : S.C.GUPTE, J.

DATED : AUGUST 09, 2017.

Heard learned counsel for the parties.

These three civil applications seek to bring on record legal representatives of deceased petitioner No.1 and to set aside the abatement. Since there is delay in taking out these applications the third application is for condonation of that delay.

The applications are strongly opposed by the learned counsel appearing for the respondent Nos. 1 and 4. Petitioner No.1 has died on 5th March, 2017. There is a delay of mere 22 days in taking out these applications. The delay is adequately explained in the civil application.

2 caw1475.17+2 For the reasons stated in the civil applications, the delay is condoned, abatement is set aside and legal representatives of deceased petitioner No.1 are permitted to be brought on record in terms of the prayer of Civil Application No.1477 of 2017.

All the applications are disposed of accordingly. JUDGE RRaut..