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Bombay High CourtCAS/1261/2018admittedallwdgrantedrule absolute

Manik S/O Ganpatrao Ghatol And Another v. Sau. Sharda W/O Ravindra Kshirsagar

2020-01-08Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 cas1261.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NOS.49 OF 2020 AND 50 OF 2020 IN SECOND APPEAL STAMP NO.14380 OF 2018 (Manik s/o Ganpatrao Ghatol and another ..vs.. Sau. Sharda w/o Ravindra Kshirsagar) --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri Prasad Dharaskar, Counsel for the applicants/appellants, Shri H.M. Bobde, Counsel for the respondent.

CORAM : M.G. GIRATKAR, J.

DATED : 08-01-2020 The applications are filed for condonation of delay of 376 days and for bringing legal representatives of appellant No.1.

2.

Heard Shri Prasad Dharaskar, learned Counsel for the appellants and Shri H.M. Bobde, learned Counsel for the respondent. The reason for delay is stated in paragraph 3 of the application. Learned Counsel has submitted that the counsel for the appellants was not knowing about the death of appellant No.1. He came to know when the matter was listed on 05-11-2019. As per the instructions given by appellant No.2, the applications are filed.

3.

Looking to the grounds, applications are allowed. Delay is condoned. Legal representatives of appellant No.1 be brought on record within a period of two weeks.

2 cas1261.18 Civil Application No.1261/2018 Heard learned Counsel appearing for the respective parties.

2.

The delay of 26 days is caused in filing the appeal. Looking to the grounds in the application, the application is allowed. Delay is condoned. Appeal be registered.

First Appeal Stamp No.14380/2018 Issue notice to the respondent for final disposal. 2.

Shri H.M. Bobde, learned Counsel waives notice for the respondent.

3.

Put up for final hearing on 22-1-2020.

JUDGE adgokar