Bhurku S/O Bisen Thote And Others v. Jadhorao S/O. Hiraman Lanjewar Since Deceased Thr. Lrs Gopikabai Wd/O. Jadhorao Lanjewar And Other

sa413.16 47

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.413 OF 2016 Bhukru s/o Bisen Thote. Thr. LRs and anr ..vs..

Jadhorao Lanjewar, thr. LRs and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri N.G. Solov, Counsel for the appellants.

CORAM

: V.M. DESHPANDE, J.

DATED : NOVEMBER 3, 2017.

Civil Application Nos.1148, 1149, and 1150 of 2016 Heard learned counsel Shri N.G. Solov for the applicants/appellants.

Civil Application No.1148 of 2016 is an application for condonation of delay. Civil Application No.1149 of 2016 is an application for setting aside abatement. Civil Application No.1150 of 2016 is an application for bringing legal representatives of one Jadhaorao on record.

On all these three applications on 3.7.2017 notices were issued.

Office note shows that proposed legal representatives of Jadhaorao are served on these applications. These civil applications were listed before this Court on 6.10.2017 for further consideration. Though the proposed legal representatives were served on these .....2/-

sa413.16 47 applications, on the said day none appeared. Therefore, in order to give a chance to them, the matter was directed to be placed today.

Today also, nobody has filed Vakalatnama for and on behalf of the proposed legal representatives nor any of one is present in the Court. All these applications are on affidavits. Thus, statements made in applications on affidavits are remained uncontroverted.

In that view of the matter, the applications are allowed and disposed of.

The applicants/appellants to amend the cause title bringing legal representatives of Jadhaorao on record of this second appeal within a period of one week.

Second Appeal No.413 of 2016 Heard.

Issue notices of final disposal to the respondents, returnable after four weeks, on following substantial question of law:

(i) As to whether dismissal of appeal as having abated was sustainable in the light of the reply given by the legal representatives to the application for condonation of delay?

JUDGE !! BRW !!

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