Bombay High CourtCAS/722/2019ca disposed off

Pramod Nilkanthrao Deshmukh And 2 ORS v. Sunil Annaji Ulhe And 10 ORS

2019-08-08Hon'Ble Shri Justice V.M. Deshpande2 pages

1 cas721.2019+2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.721/2019 AND CIVIL APPLICATION NO.722/2019 AND CIVIL APPLICATION NO.723/2019 IN SECOND APPEAL NO. 218/2009 Pramod Nilkanthrao Deshmukh (dead) and oth ..VS..

Sunil Annaji Ulhe & Oth - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. R. Saboo, Advocate for the applicants Shri N. B. Bargat, Advocate for the non-applicants Nos. 1 to 4 & 6 to 11.

CORAM : V. M. DESHPANDE, J.

DATED : 08/08/2019 These three applications are for condonation of delay, setting aside abatement and bringing the legal representatives of applicant No.1 Pramod Nilkanthrao Deshmukh on record.

2] Heard Shri N. R. Saboo, the learned counsel for the applicants and Shri N. B. Bargat, the learned counsel for the respondent Nos.1 to 4 and 6 to 11. 3] During the pendency of this appeal, appellant No.1-Pramod Nilkanthrao Deshmukh died on 23/02/2018. However, within time his legal representatives were not brought on record, though the appeal was continued by applicant Nos. 2 and 3.

2 cas721.2019+2 4] After hearing the learned counsel for the parties and for the reasons stated in the applications, applications are allowed. Delay in filling the application for setting aside abatement is hereby condoned and the abatement is set aside.

The names of legal representatives of deceased applicant-Pramod Nilkanthrao Deshmukh, who are the applicants in these applications, be substituted in his place. The amendment be carried out within one week from today. The applications stand disposed of.

JUDGE Namrata