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Bombay High CourtMCA/31/2014dispossed offdismiss for default

Dilip S/O Tikaram Shende v. Moreshwar Baliram Khanorkar And Others

2016-04-29Hon'Ble Shri Justice Ravi K. Deshpande2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Misc. Civil Application No.31 of 2014 IN Appeal against Order No. 81 of 2012 [decided] [Dilip Tikaram Shende Vs. Moreshwar Baliram Khanorkar & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Warulkar, Adv., holding for Mr. S.P. Palshikar, Adv., for the applicant.

None for the respondents.

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CORAM

:

R.K. DESHPANDE, J.

DATE :

29th April, 2016 Heard the learned counsel for the Applicant.

For the reasons stated in the application, the application is allowed. Appeal against Order No. 81 of 2012 is restored.

------- Civil Appln. Nos. 45/15, 44/15 & 150/14 :

Civil Application No. 45/15 is for setting aside

abatement, Civil Application No. 44 of 2015 is for condonation of delay caused in filing an application for bringing the legal representatives of respondent no.1 on record and Civil Application No. 150/14 is for bringing the legal heirs of respondent no.1 on record. Notices were issued on all these civil applications. All the respondents are served, except respondent nos. 4 to 6, whose names are deleted from the array of respondents in the applications. No reply is filed. The applications are not opposed.

For the reasons stated in these applications, the applications are allowed. Abatement is set aside, the delay caused is condoned. The names of legal representatives of respondent no.1, as are stated in Civil Application No. 150 of 2014, are permitted to be brought on record. Necessary amendment be carried out within a period of two weeks from today.

Civil Applications stand disposed of.

Judge |hedau|