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Bombay High CourtCAS/317/2022ca disposed off

Chhotela S/O Zagrusao Gupta v. Archana Wd/O Ganesh Wasupatil And Others

2024-09-25Hon'Ble Shri Justice M. W. Chandwani2 pages

2024:BHC-NAG:10730 3.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAS NOS.315, 316 AND 317 OF 2022 IN SECOND APPEAL NO. 7 OF 2013 CHHOTELA S/O ZAGRUSAO GUPTA

VERSUS

ARCHANA WD/O GANESH WASUPATIL AND OTHERS ______________________________________________________________________________________________________________________________ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A. Choube, Advocate for the appellant/applicant Shri P.V. Ghare, Advocate for the non-applicant/respondent nos.8(A to E)

CORAM

: M.W. CHANDWANI, J.

DATE : 25.09.2024 CIVIL APPLICATION No.315 of 2022 1.

Heard.

2.

For the reasons mentioned in the application, the delay caused in filing the application for setting aside abatement order and bringing legal heirs of the deceased respondent No.8 on record, is allowed.

3.

Accordingly, the abatement order against the respondent is set aside.

4.

Accordingly, the application is disposed of.

CIVIL APPLICATION No.316 of 2022 5.

Heard.

6.

Since right to sue survives against the respondent No.8, the permission is granted to bring the proposed legal representatives of deceased respondent No.8 on record.

nd.thawre

3.odt 7.

Issue notice to the proposed legal representatives of the respondent No.8.

8.

Mr. P.V. Ghare, learned counsel, waives service of notice for the proposed legal representatives of the respondent No.8. 9.

The appellant to carry out the amendment within a period of two weeks.

10. The application is disposed of.

CIVIL APPLICATION No.317 of 2022 11.

Heard.

12. By this application, the applicant seeks to bring legal heirs of the deceased respondent No.6 on record.

13. Since right to sue survives against the respondent No6, the permission is granted to bring the proposed legal representatives of deceased respondent No.6 on record.

14. The amendment be carried out within a period of two weeks.

15. After amendment, issue notice to the proposed legal representatives of the respondent No.6, returnable after two weeks.

16. The application is disposed of.

[JUDGE] nd.thawre