Dinkar S/O Sadashiv Thakare (Dead) Through Lrs. Kamlabai Wd/O Dinkar Thakare And 2 Others v. Bhika S/O Sadashiv Thakare And Another

1 20 sa 379-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.572/2020 IN SECOND APPEAL NO.379/2019 Dinkar s/o Sadashiv Thakre (dead) thr. LR's Kamalabai wd/o Dinkar Thakre and others Vs.

Bhika s/o Sadashiv Thakre and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.B. Bhide, Advocate for appellants Shri S.K. Bhattacharya, Advocate h/f Shri N.S. Warulkar, Advocate for respondents CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

11/12/ The present application is filed for condonation of delay in filing application for bringing legal representatives of deceased respondent No.1 on record. One of the legal representative Radhabai wd/o Bhika Thakre is already there as respondent No.2. There is delay of 47 days. For the reasons mentioned in paragraph No.2 of the application, application is allowed. Delay in filing application for setting aside abatement and bringing legal representatives of respondent No.1 on record is hereby condoned. Abatement is set aside.

The application stands disposed of.

2 20 sa 379-2019 CIVIL APPLICATION (CAS) NO.573/2020 1.

The present application is filed for bringing legal representatives of deceased respondent No.1 on record. For the reasons stated in the application, application is allowed.

The applicants are permitted to substitute their names in place of respondent No.1 on record. Necessary amendment to be carried out within a period of two weeks.

The application stands disposed of accordingly.

CIVIL APPLICATION (CAS) NO.574/2020 1.

The present application is filed for bringing legal representatives of appellant No.3 on record. It is submitted that appellant No.1 Kamlabai wd/o Dinkar Thakre died on 01/04/2020 i.e. during the Lockdown period of Covid-19 and appellant Nos.2 and 3 were her legal heirs who were already on record. However, appellant No.3 Satish Dinkar Thakre also expired on 04/09/2020 leaving behind his legal representatives mentioned in paragraph No.2 of the application.

3 20 sa 379-2019 Though, respondents opposed the application, as right to sue survives, I am inclined to allow the application. Accordingly, application is allowed.

Permission is granted to delete the name of appellant No.3 and to bring the names of legal representatives of appellant No.3 on record.

Necessary amendment to be carried out within a period of two weeks.

5.

The application stands disposed of accordingly.

SECOND APPEAL NO.379/2019 Shri S.K. Bhattachrya, learned Counsel waives notice for legal representatives of respondent No.1.

JUDGE R.S. Sahare