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Bombay High CourtCAO/1051/2023allowed

Shital Subhash Bante And Others v. Gujarabai W/O Maroti Bante (Dead) (Deleted) And Others)

2023-11-29Hon'Ble Smt. Justice M. S. Jawalkar2 pages

36 mca 767-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO)NO. 1052/2023 IN MISC. CIVIL APPLICATION NO. 767/2019 Shital Subhash Bante and others Vs.

Gujarabai W/o Maroti Bante (Dead) and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Shri R.M. Pande, Advocate for applicants Shri V.R. Choudhari, Advocate for non applicant Nos. 6(A)(a) to 6(A)(c), 7 & 9(1 to 3) CORAM : SMT. M.S. JAWALKAR, J.

DATE : 29/11/2023 Present application is filed for condonation of delay in filing applications for setting aside abatement and bringing legal representatives of non applicant No.3 on record. In view of submissions in paragraph No.3, the applicant got knowledge of death of non applicant No.3 on 07/08/2023. Though, non applicant No.3, Yashwant died on 13/02/2021, immediately thereafter collecting details of legal representatives of non applicant No.3, application was Jayashree..

36 mca 767-2019.odt preferred. As such, I am satisfied that there are sufficient reasons to condone the delay. Accordingly, application is allowed.

2.

Delay in filing applications for setting aside abatement and bringing legal representatives of non applicant No.3, is hereby condoned.

3.

Application stands disposed of.

CIVIL APPLICATION (CAO) NO. 1051/2023 For the reasons stated in the application, the application is allowed.

2.

Abatement is set aside.

3.

The applicant is permitted to bring legal representatives of non applicant No.3 on record. 4.

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

MISC. CIVIL APPLICATION NO. 767/2019 Learned Counsel Shri V.R. Choudhari waives notice for legal representatives of non applicant No.3 and will file Vakalatnama within a period of two weeks. 2.

Stand over after two weeks.

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