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Bombay High CourtCAW/1905/2025ca disposed off

Suryakant S/O. Ramchandra Raghatate Thr. P.O.A., Umakant S/O Ramchandra Raghatate And ORS v. Dalchand S/O Hariprasad Lanchuriya

2025-11-03Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

43..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.1904 OF 2025 IN WRIT PETITION NO.2596 OF 2022 Shri. Suryakant S/o. Ramchandra Raghatate and ors Vs.

Shri Dalchand S/o. Hariprasad Lanchuriya Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. D. G. Paunikar, Advocate for applicants/petitioners. Mr. M. R. Joharapurkar, Advocate for non-applicant/respondent CORAM : ROHIT W. JOSHI, J.

DATE : 03.11.2025.

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The respondent sole has expired on 01.02.2025. The petitioner has filed the present application seeking condonation of delay in moving application for bringing his legal representatives on record, setting aside abatement and also to permit him to bring the names of legal representatives on record. 2.

It is stated that the petitioner got knowledge about the demise of sole respondent only after receiving notice in Regular Civil Appeal No.138 of 2025, which is filed against judgment and decree dated 20.01.2025. The said appeal was filed by legal representatives of deceased respondent sole. In such circumstances, there is a delay of 104 days in filing the application.

3.

In view of the aforesaid, civil application is allowed, delay caused in filing application for bringing legal representatives of deceased respondent sole is condoned, abatement of petition against respondent sole

43..odt is set aside and permission is granted to bring legal representatives of deceased respondent sole is on record. 4.

Necessary amendment be carried out on or before 07.11.2025.

5.

Mr. Joharapurkar, waives notice for the legal representatives.

CIVIL APPLICATION (CAW) NO.1091 OF 2022 6.

Application for bringing the legal representatives of petitioner no.1 is filed within limitation. It is allowed. Necessary amendment be carried out on or before 07.11.2025.

7.

List the petition for final hearing at the admission stage on 19.11.2025.

(ROHIT W. JOSHI, J.) Tanmay...