Lalchand S/O Ramlal Singh, Prop. M/S Aarti Engineering Works v. Ratiram Laxman Kawle

2023:BHC-NAG:16547 16.wp.454.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.702 OF 2021 IN WRIT PETITION NO.454 OF 2018 Lalchand S/o Ramlal Singh, Prop. M/s Aarti Engineering Works .Vs. Ratiram Laxman Kawle Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Aarti Singh, Advocate for petitioner/applicant. CORAM : ANIL S. KILOR, J.

DATED : 28/11/2023 1.

Heard learned counsel for the applicant. None for the legal heirs though served by paper publication. 2.

By the present application, the applicant is praying for condonation of delay in filing the applications for bringing the legal heirs, condonation of delay and setting aside the abatment. There is a delay of two years one month and twenty four days in filing the above referred applications.

3.

The reason stated in the application is in respect of lockdown and want of knowledge of the death of the respondent are not denied by the proposed legal heirs by filing reply. Hence, I am of the opinion that, sufficient caused has been shown by the applicant for condoning the delay. Accordingly, the application is allowed and the delay is condoned.

Civil application is disposed of accordingly. C.L. Dhakate

16.wp.454.18.odt CIVIL APPLICATION (CAW) NO.523 OF 20221 5.

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

6.

Necessary amendment be carried out within two weeks.

Civil application is disposed of accordingly. CIVIL APPLICATION (CAW) NO.1675 OF 2021 7.

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

8.

Abatement is set aside.

Civil application is disposed of accordingly. JUDGE C.L. Dhakate