Dattu Ramaji Sahare And Other v. Kamlabai W/O Natthuji Pote And Another

2024:BHC-NAG:13842 35 CAS-1576-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.1576 OF 2023 WITH CIVIL APPLICATION (S) NO.1575 OF 2023 WITH CIVIL APPLICATION (S) NO.1577 OF 2023 IN SECOND APPEAL NO.92 OF 2009 [Dattu Ramaji Sahare (Dead) thr LRs .Vs. Kamlabai Natthuji Pote and Anr.] _____________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms K. P. Dharshivkar, Advocate for Applicants. Mr F. I. Abid, Advocate for Non-Applicant Nos.1 (i to v)

CORAM

: ANIL L. PANSARE , J.

DATE :

th DECEMBER 2024.

1.

Heard.

2.

By present applications, the applicants/appellants are seeking to condone the delay in filing application for setting aside the abatement and for bringing on record the legal representatives of respondent No.1.

3.

The counsel for other side has no objection, if the applications are allowed.

4.

In view of above and for the reasons set out in the applications, the applications are allowed as prayed for. The delay is condoned; abatement is set aside; and permission to bring on record the legal representatives of respondent No.1 is granted. Necessary amendment be carried out within seven TAMBE

35 CAS-1576-2023 working days.

5.

The applications are disposed of accordingly. CIVIL APPLICATION (S) NO.1088 OF 2024 IN SECOND APPEAL NO.91 OF 2009.

6.

The respondent is making request for early hearing of appeal. The appeal is of the year 2009.

7.

For the reasons set out in the application, the application for early hearing is allowed and disposed of accordingly.

SECOND APPEAL NO.91 OF 2009 WITH SECOND APPEAL NO.92 OF 2009.

8.

List in the week commencing from 13.01.2025.

JUDGE TAMBE