Bombay High CourtCAS/978/2017admittedallwdgrantedrule absolute

Bapurao Sitaram Metkar And Others v. Sarjabai W/O Bapurao Ghawas And Others

2017-11-29Hon'Ble Shri Justice V.M. Deshpande2 pages

sa.135.14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAS] NO.978 OF 2017 WITH CIVIL APPLICATION [CAS] NO.979 OF 2017 IN SECOND APPEAL NO.135 OF 2014 (Bapurao Sitaram Metkar and others vs.

Sarjabai w/o Bapurao Ghawas & others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

CORAM

: V.M. DESHPANDE, J.

DATE : 29 th NOVEMBER, 2017.

Heard Shri K.S. Narwade, learned Counsel for the applicants/appellants.

The present second appeal is already admitted and it is pending for its final hearing. During pendency of the appeal, respondent no.6-Narmadabai w/o Piraji Kharate expired on 03/05/2017. Therefore, the applicants/appellants have filed application for bringing her legal representatives on record. The said application is registered as Civil Application No.979/2017. For bringing the legal representatives of deceased-Narmadabai, there is a delay of 34 days. Therefore, the application for condonation of delay for moving the application for bringing the legal representatives is filed and the said application is registered as Civil Application No.978/2017. Notices on this application were issued to the proposed legal representatives of deceased-Narmadabai. They are served.

sa.135.14 2/2 Shri G.M. Kubade, learned Counsel is appearing on their behalf. For condonation of delay, he is having objection.

However, for the reasons stated in the application for condonation of delay, the delay is condoned in moving the application for bringing the legal representatives on record. Consequently, Civil Application No.978/2017 is allowed. So also Civil Application No.979/2017 for bringing the legal representatives of deceased-Narmadabai and also for setting aside abatement is allowed. Applicants are directed to incorporate the names of the legal representatives of deceased Narmadabai, whose names are mentioned in paragraph 2 of Civil Application No.979/2017 within a period of two weeks from today.

Shri Kubade, learned Counsel waives service of notice on their behalf on merits also. Both the applications are allowed and disposed of accordingly.

JUDGE *sdw