Modanlal S/O Jaswantram Nagpal v. Premabai Vitthalrao Dhande And Others
2024:BHC-NAG:9447 9 CAS-681-2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
C IVIL APPLICATION (S) NO.
OF WITH C IVIL APPLICATION (S) NO.
OF WITH CIVIL APPLICATION (S) NO.683 OF 2024 IN SECOND APPEAL NO.114 OF 2015 [Madanlal Jaswantram Nagpal ..Vs.. Premabai Vitthalrao Dhande and Ors.] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Mr V. Sharma, Adv. h/f Mr S. V. Purohit, Advocate for Applicant/Appellant. Mr S. S. Sohoni, Adv. h/f Mr S. V. Sohoni, Advocate for Non-Applicant Nos.4 and 6.
Mr A. S. Lanjewar, Adv. h/f Mr N. R. Saboo, Advocate for Non-Applicant Nos.9 and 10.
CORAM
: M. W. CHANDWANI, J.
DATE : 22 nd AUGUST , 202 4 .
1.
Heard the learned counsel for applicant/appellant as well as learned counsel for non-applicants.
2.
On perusal of the application for condonation of delay, it appears that the delay of 454 and 394 days is caused in preferring the application for bringing the legal representatives of the deceased appellant on record and application for setting aside the abatement.
3.
Considering the reasons mentioned in the application and opposition of the learned counsel for non-applicants, the delay in preferring the application for bringing the legal representatives of the deceased appellant on record and application for setting aside the abatement is hereby TAMBE
9 CAS-681-2024 condoned subject to deposit the costs of Rs.2,000/- to the State Legal Services Authority Bench at Nagpur, within a period of one week from today. Since right to sue survives in favour of the appellant, permission is granted to bring the legal representatives of the deceased appellant on record ; abatement order is set aside.
4.
The civil applications stand disposed of accordingly. SECOND APPEAL NO.114 OF 2015.
5.
Stand over after one week.
JUDGE TAMBE