Dnyaneshwar Nanaji Ingolkar And Another v. Smt. Shantabai Keshav Ingolkar (Deceased) And Others

2024:BHC-NAG:6709 1 39-SA No.543.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 543 OF 2018 Dnyaneshwar Nanaji Ingolkar and another ..VS..

Smt. Shantabai Keshav Ingolkar (Dead) through LRs. and others --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Rahul Tajne, Advocate for appellants.

Mr. G.G. Mishra, Advocate for respondent No.3 and LRs.6(B)(&(C). CORAM : SANJAY A. DESHMUKH, J.

DATED : 27 th JUNE, 2024 CIVIL APPLICATION (CAS) NO. 104 OF 2022.

This is an application for condonation of delay in setting aside abatment of appeal against respondent No.6. Delay of three years and nine months is caused to bring the legal heirs of the respondent No.6 on record. 2.

Learned Advocate for respondent Nos.3 and 6(B)&(C) strongly objected the said application. 3.

Heard learned Advocates for both sides.

Perused the application. Considering the reasons stated in the application, the application is allowed in the interest of justice. Delay is condoned subject to deposit costs of Rs.1,000/- (Rs. One Thousand only), to be paid to the Vidarbha Ladies Bar Association, Nagpur within a period of two weeks.

5.

2 39-SA No.543.2018 CIVIL APPLICATION (CAS) NO. 105 OF 2022.

This is an application for setting aside abatment under Order 22 Rule 9(2) of the Code of Civil Procedure against respondent No.6.

2.

Heard learned Advocates for both sides.

3.

In view of the reasons stated in the application, the application is allowed in the interest of justice. CIVIL APPLICATION (CAS) NO. 106 OF 2022.

This is an application for condonation of delay in bringing Legal Representatives of respondent No.6 on record.

2.

Heard learned Advocates for both sides.

3.

For the reasons stated in the application, the application is allowed in the interest of justice. Delay is condoned.

CIVIL APPLICATION (CAS) NO. 107 OF 2022.

This is an application for bringing Legal Representatives of respondent No.6 on record. 2.

Heard learned Advocates for both sides.

3.

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

3 39-SA No.543.2018 5.

Amendment be carry out within a period of two weeks.

SECOND APPEAL NO.

OF Stand over after two weeks.

(SANJAY A. DESHMUKH, J.) Kirtak