Smt. Ratnamala Wd/O Ilam Thool And Others v. Natthuji S/O S. Dhargawe(Dead) Through Lrs.,Usha A. Bambhore(Dead) Nikhil A. Bambhore And Others

0902cas784.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application No.784 of 2015 In Second Appeal Stamp No.16352 of 2015 (Smt. Ratnamala wd/o Ilam Thool and others v. Natthuji s/o Sampat Dhargawe (Dead), through LRs 1(a) Smt. Usha Anand Bambhore (Dead), through LRs. 1(a)(i) Nikhil Anand Bambhore and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri R.A. Gupta, Advocate for Applicants/Appellants. Coram : R.K. Deshpande, J.

Date : 9 th February, 2017 Civil Application (CAS) No.784 of 2015 :

There is a delay of nine days caused in filing the second appeal. Notices were issued to the respondents. All the respondents are served. No one appears for the respondents. After going through the averments made in the application, I am satisfied that a sufficient cause is made out for condonation of delay. Hence, the application is allowed. The delay caused is condoned.

The civil application is disposed of.

0902cas784.15.odt Second Appeal Stamp No.16352 of 2015 :

Heard the learned counsel for the appellants on the merits of the matter.

Admit, on the following substantial question of law : Whether the decree passed by the lower Appellate Court in Regular Civil Appeal No.69 of 2010 becomes nullity, for the reason that formally the names of the legal representatives of Ilam were not brought on record, though it is an undisputed position that the legal representatives were before the Court and had participated in the proceedings?

Judge.

Lanjewar