Dnyaneshwar Tukaram Tayade v. Shankar Lilaram Bhojwani And Another

911.cas.1235.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] No.836 of 2021 in Second Appeal St.No.7126 of 2018 Dnyaneshwar Tukaram Tayade vs. Shankar Leelara Bhojwani & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. S.S. Deshpande, Advocate for the Applicants. Mr. S.A. Chaudhari, Advocate for Respondent No.1.

CORAM

: S.M. MODAK, J.

DATE : 7 th JUNE, .

Heard both the sides.

02] During pendency of application for condonation of delay in preferring the second appeal, the sole appellant expired on 08/01/2021. The present applicants are his legal representatives. There is a composite application for setting aside abatement, condonation of delay and for bringing the legal heirs on record. The application is filed after 19 days i.e. on 24/11/2021. The reason quoted is, ignorance about the procedure. The prayers are opposed on behalf of the respondents. 03] The parties must be given an opportunity to fight the case on merits subject to costs. Hence, the following order : O R D E R i.

The application is allowed.

ii.

The abatement is set aside.

iii.

The delay is condoned.

iv.

The names of legal representatives of deceased appellant be brought on record after deleting the name of the

911.cas.1235.18 2/2 appellant, subject to costs of Rs.1,000/- (Rupees One Thousand Only) to be paid to the respondents. v.

The application is disposed of.

vi.

The matter be kept for hearing on delay condonation application after three weeks.

JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge