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Bombay High CourtCAS/1325/2022ca disposed off

Shahu Shikshan Sanstha Thr. Mr. N.R. Hiremath v. Namdeo Krushnaji Landge

2024-06-25Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

sa75.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR SECOND APPEAL NO.

(Shahu Shikshan Sanstha Vs. Namdeo Krushnaji Landge) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. Ashok Raghute, Advocate for Appellant/Applicant. None for Respondent.

CORAM: SANJAY A. DESHMUKH , J.

DATE: 25 th JUNE, .

CIVIL APPLICATION (S) NO.1325/2022:

1.

Heard.

2.

This is an application for condonation of delay of 648 days for bringing legal representatives on record and 565 days for setting aside abatement for filing application for bringing the legal heirs on record.

3.

The learned Advocate for the respondent is not present.

4.

The learned Advocate for the appellant submitted that though respondent died it was not communicated to this Court and therefore, the appellant could not get knowledge of death of respondent. He died during the period of Covid-19 pandamic.

5.

Considering all these reasons, the application deserves to be allowed in the interest of justice, subject to payment of costs of Rs.1000/- to be deposited with the

sa75.20.O.odt Vidarbha Lady Lawyers Association, Nagpur within a week. 6.

The application is disposed of.

CIVIL APPLICATION (S) NO.1326/2022:

1.

Heard.

2.

This is an application for bringing legal heirs of respondent on record.

3.

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

4.

The legal heir of respondent be brought on record within a week.

5.

Issue notice to the legal heirs of respondent, returnable on 09.07.2024.

CIVIL APPLICATION (S) NO.48/2024:

1.

Heard.

2.

This is an application for cancellation of abatement.

3.

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

4.

The second appeal be restored at its original place.

(SANJAY A. DESHMUKH, J.) NSN