Bombay High CourtCAS/915/2021allowed

Sadashiv Uddhavrao Deshmukh And Another v. Kesharbai Namdeo Padolkar

2022-06-14Hon'Ble Shri Justice S.M. Modak2 pages

4.sa.65.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAS] Nos.706 & 707 of 2021 in Second Appeal No.65 of 2016 Sadashiv Uddhavrao Deshmukh & another vs.

Kesharbai Namdeo Padolkar =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. S.D. Chopde, Advocate for the Applicants/Appellants. Mr. S.V. Sohani, Advocate for the Respondent sole.

CORAM

: S.M. MODAK, J.

DATE : 14 th JUNE, .

Appellant No.2-Prakash Deshmukh expired on 04/06/2021. Copy of death certificate is annexed. His legal representatives want to prosecute this appeal further along with appellant No.1. There is a delay of 40 days in taking necessary steps. It is opposed on behalf of the respondent for the reason that there is no sufficient reason for condonation of delay. The family members were busy in performing the last rites and they were in grief, this is acceptable reason. 02] In view of that, the delay caused in setting aside abatement and bringing legal heirs on record, is condoned. The abatement is set aside. The name of appellant No.2 be deleted and names of the applicants be added in his place in the title cause of the appeal memo. The amended copy of appeal memo be supplied to the respondent. 03] The applications are allowed and disposed of accordingly.

4.sa.65.16 2/2 C ivil Application [CAS] No.915/2021:

This is respondent's application for early hearing. There is a concurrent findings of both the Courts below. The matter is old. 02] Hence, the application is allowed. Hearing of the appeal is expedited. The matter be kept for final hearing in the third week of July, 2022.

JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge