Anandabai D/O Ganpatrao Kumbhare And Others v. Kedarnath S/O Ganpatrao Kumbhare And Others

1sa277.17.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAS) 779/2019 IN SECOND APPEAL 277 OF 2017 Anandabai d/o Ganpatrao Kumbhare and others.

Vs.

Kedarnath s/o Ganpatrao Kumbhare and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri V.N. Morande, counsel for the applicants/appellants Shri Anantkrushnan, counsel h/f Shri R.R. Vyas, counsel for respondents 1 and 3. CORAM: ROHIT B. DEO, J.

DATE: 30.08.2019.

This application is taken out by the appellants for condonation of delay for setting aside abatement and bringing on record the legal representatives of deceasedrespondent 2. 2.

The learned counsel for the respondent 2 has filed on record the praecipe informing the death of his client only on 22/07/2019.

3.

In this view of the matter, the delay, assuming there be any, in bringing on record the legal representatives of the deceased - respondent 2, is condoned.

4.

The abatement as against respondent 2 is set aside.

1sa277.17.odt 2 CIVIL APPLICATION (S) 780 / 2019 The application is allowed.

2.

The legal representatives of deceased - respondent 2 be brought on record.

3.

Cause title be corrected appropriately within a week. 4.

Issue notice to the legal representatives, returnable in four weeks.

JUDGE RKN