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Bombay High CourtCAS/916/2022ca disposed off

Annapurnabai Wd/O Mahadeo Gaoli (Now Dead) Thr. Lrs. Laxmanrao Arjunrao Bundele v. Pancham S/O Mahadeo Gaoli (Dead) Through Lrs. Madhav S/O Pancham Gaoli And Others

2022-10-13Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 4 sa 348-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.915/2022 IN SECOND APPEAL NO.348/2015 Smt. Annapurnabai wd/o Mahadeo Gaoli (dead) through Lrs. Laxmanrao s/o Arjunrao Bundele Vs.

Pancham s/o Mahadeo Gaoli (dead) through Madhav s/o Pancham Gaoli and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.M. Gadkari, Advocate for appellant CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

13/10/ The present application is filed by the applicants for setting aside abatement as their right to sue survive. However, application could not be filed within limitation.

2.

For the reasons stated in the application, the application is allowed.

3.

Abatement is hereby set aside.

4.

The application is disposed of.

CIVIL APPLICATION (CAS) NO.916/2022 WITH CIVIL APPLICATION (CAS) NO.917/2022 Civil application No.916/2022 is filed for condonation of delay of 470 days in filing the application for bringing legal representatives of appellant on record. Civil Application No.917/2022 is filed for bringing the legal representatives of appellant

2 4 sa 348-2015 on record. The delay is caused due to COVID-19 pandemic situation and therefore, they could not communicate to the learned Counsel for taking steps to file application.

2.

I am satisfied that there is sufficient cause for condoning the delay. There is no intention or deliberate delay in filing application. As such application is allowed. The delay in filing application for bringing the legal representatives of appellant on record is hereby condoned.

3.

The applicants are permitted to substitute their names as legal representatives on record. 4.

Necessary amendment to be carried out within two weeks.

5.

The applications are disposed of.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE