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Bombay High CourtCAS/1041/2022ca disposed off

Ramesh Bhimraoji Ghate (Deceased) Thr. Lrs. Smt. Kanta Ramesh Ghate And Others v. Vinay Rupraoji Dhongde

2022-10-06Hon'Ble Smt. Justice M. S. Jawalkar2 pages

8 cas 217-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAS) NO. 1042/2022 IN CIVIL APPLICATION (CAS) NO. 217/2020 IN SECOND APPEAL STAMP NO. 3326/2020 Ramesh Bhimraoji Ghate (Dead) through L.Rs. Smt. Kanta Ramesh Ghate and others Vs.

Vinay Rupraoji Dhongde - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.B. Gandhe, Advocate for applicants CORAM : SMT. M.S. JAWALKAR, J.

DATE : 06/10/2022 In spite of service of application, none for the respondent. It is informed that appellant No.3 Mahesh Ramesh Ghate expired on 12/11/2021. Legal representatives of appellant No.3 were not aware about the pending proceeding.

2.

For the reasons stated in the application, delay of 232 days in bringing legal representatives is hereby condoned. Application stands disposed of Jayashree..

8 cas 217-2020.odt CIVIL APPLICATION (CAS) NO. 1041/2022 AND CIVIL APPLICATION (CAS) NO. 1043/2022 Present applications are filed for setting aside abatement and also for bringing legal representatives of deceased appellant no.3 on record.

2.

As right to sue survives, the applications are allowed. Abatement is set aside.

3.

The application for bringing legal heirs on record is supported by affidavit and also the death certificate is filed along with the application. Hence, the appellant is hereby permitted to bring on record legal representatives of appellant No.3.

4.

Necessary amendment to be carried out within one week.

(SMT. M.S. JAWALKAR, J.) Signed By:JAYASHREE SHARAD SHINGNE Jayashree..