Nilkant Tukaram Sarokar v. Keshav Tukaram Mahure And ANR

4 cas 789-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 789/2019 IN SECOND APPEAL NO. 87/2010 Nilkant Tukaram Sarokar Vs.

Keshav Tukaram Mahure and another - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - Shri S.N. Chichbankar, Advocate for appellant Shri A.B. Sonare, Advocate for respondent No.1 CORAM : SMT. M.S. JAWALKAR, J.

DATE : 04/10/2023 Heard.

2.

Present application is filed for condonation of delay in filing application for setting aside abatement and bringing legal representatives on record. The respondents have no objection to condone the delay. There is delay of 308 days in filing application.

3.

For the reasons stated in the application, the application is allowed.

4.

Delay in filing application for setting aside Jayashree..

4 cas 789-2019.odt abatement and for bringing legal representatives on record is hereby condoned.

5.

Application stands disposed of.

CIVIL APPLICATION (CAS) NO. 788/2019 WITH CIVIL APPLICATION (CAS) NO. 790/2019 Present applications are filed for setting aside abatement and for bringing legal representatives of deceased appellant on record. As right to sue survives, application is allowed.

2.

The counsel for respondents have no objection for allowing said application. Accordingly, abatement is set aside.

3.

The applicants are allowed to substitute their names in place of deceased appellant.

4.

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

5.

Applications stand disposed of.

(SMT. M.S. JAWALKAR, J.) Jayashree..