Atish S/O Avinash Lonare v. Shankarrao S/O Hemraj Hadke And Anothers

06.08.caf.3211.16+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NOS. 3211, 3212 & 3213 all of 2016 in FIRST APPEAL N0.1133/2015 (Atish s/o Avinash Lonare vs. Shankarrao s/o Hemraj Hdke and another ) ...................................................... ........................................................................... ...

Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. S.R.Charpe, Adv. For applicant Adv. Kiran Awchar, for respondent no.2 CORAM : MRS.SWAPNA JOSHI, J.

D ATED : 6th August, 2018.

CAF. NO. 3211/2016 This is an application seeking condonation of delay of 1566 days in filing application for setting aside abatement caused due to the death of deceased /respondent no.1.

Heard learned counsel for respective parties. For the reasons mentioned in Paragraph Nos. 3 and 4 of the Application, I am satisfied that the delay deserves to be condoned. The delay of 1566 days is hereby condoned, subject to payment of costs of Rs. 500/- to be deposited with the High Court Bar Association Library, Nagpur, within a period of four weeks. The Civil Application is allowed and disposed of.

C.A.F.NO. 3212/2018 This is an application seeking setting aside abatement caused due to death of deceased respondent no.1. Heard.

Perused the contents of the Application. For the reasons mentioned in paragraph nos.3 and 4 and in the interest of justice,

06.08.caf.3211.16+ the Civil Application is allowed, by setting aside the abatement of the present Appeal against deceased respondent no.1. Civil Application stands disposed of.

CAF NO.3213/2016 For the reasons mentioned in the Application, the legal heirs of respondent no.1 are allowed to be brought on record. The amendment be carried out within a period of two weeks. Civil Application is allowed and disposed of. JUDGE sahare