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Bombay High CourtCAS/1405/2023ca disposed off

Milind S/O Narayanrao Ballal (Mitkari) And Others v. Smt. Nalini Wd/O Vinayakrao Ballal (Mitkari) And Others

2023-10-23Hon'Ble Smt. Justice M. S. Jawalkar2 pages

2023:BHC-NAG:15613 30-CAS 1405-23 in SA 115-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO S . 1405/ 23 AND 1406/2023 IN SECOND APPEAL NO. 115 OF 2020 MILIND S/O. NARAYANRAO BALLAL (MITKARI) AND ORS. ...VERSUS...

SMT. NALINI WD/O. VINAYAKRAO BALLAL (MITKARI) AND ORS. ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms. Vedikar N. Thakare, Advocate for Lrs. of appellant no. 5(B). Shri M.R. Joharapurkar, Advocate for respondent nos. 2 to 12 & 14.

CORAM

:

SMT. M. S. JAWALKAR,J.

rd OCTOBER , 2023 DATE :

Leave is granted to correct the name of deceased Prashant Gopalrao Wakhede as appellant no. 5(B).

2.

Necessary amendment to be carried out forthwith. CIVIL APPLICATION (CAS) NO.

OF 20 The present application is filed for condonation of delay in filing applications for setting aside abatement and for bringing the legal heirs of appellant no. 5(B) on record as well as for setting aside abatement. There is delay of 32 days.

2.

For the reasons stated in the application, the application is allowed. Delay in filing the applications for setting aside abatement and for bringing the legal heirs of appellant no. 5(B) on record is hereby condoned. Abatement is set aside.

3.

Accordingly, the application stands disposed of.

30-CAS 1405-23 in SA 115-20.odt CIVIL APPLICATION (CAS) NO.

OF 20 The present application is filed for bringing the legal heirs of appellant no. 5(B) on record.

2.

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

3.

The appellants are permitted to bring the names of legal heirs of deceased appellant no. 5(B) on record. 4.

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

4.

Accordingly, the application stands disposed of. SECOND APPEAL NO. 115 OF 2020 List the matter for final hearing at the stage of admission on 20/12/2023 at 02.30 p.m.

(Smt. M.S. Jawalkar, J.) B.T.Khapekar