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Bombay High CourtWP/6123/2017disposedoff

Dhanraj S/O Keshavrao Nagose (Died) Thr. Lrs. Kalpana Wd/O Dhanraj Nagose And Another v. Chindhibai Wd/O Dulichand Gaur

2019-04-05Hon'Ble Shri Justice A.S. Chandurkar1 pages

950-WP-6123-17 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6123 OF 2017 Dhanraj s/o Keshavrao Nagose (died) Thr. Proposed LRS Kalpana wd/o Dhanraj Nagose and anr.

-vsChindhibai w/o Dulichand Gaur, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Smt S. K. Paunikar, Advocate for petitioner.

CORAM : A.S.CHANDURKAR, J.

DATE : April 05, 2019 The petitioners are aggrieved by the order passed by the appellate Court initially rejecting the applications at Exhibits-21 and 22 whereby the delay in bringing on record legal heirs of the appellant has not been condoned. Thereafter the appeal has been disposed of as abated by passing an order on 11/07/2017.

In the light of the fact that remedy under provisions of Order XXII Rule 9 (2) of the Code of Civil Procedure, 1908 is available to the petitioners, they are granted liberty to avail that statutory remedy. By keeping all points open, the writ petition is disposed of. No costs.

JUDGE Asmita