Ramkisan Prabhatilal Agarwal And 4 ORS. v. Diwakar @ Dipankar S/O Ganpatrao Humne And Others

2025:BHC-NAG:7341 937 CAS-1249-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (O) NO.1249 OF 2024 WITH CIVIL APPLICATION (O) NO.1250 OF 2024 IN SECOND APPEAL NO.502 OF 2002 (D) [Ramkisan S/o. Prabhatilal Agrawal ..Vs.. Diwakar @ Dipankar S/o. Ganpatrao Humne (Dead) thr LRs and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms A. R. Sharma, Advocate for Applicant/Appellant.

CORAM

: M. W. CHANDWANI, J.

DATE : 30 th JULY , 2025 .

1.

Heard.

2.

The applicant filed an applications for condonation of delay and bringing the legal representatives of non-applicant No.2 on record.

3.

Though the legal representatives were served, but nobody appeared on behalf of them.

4.

Considering the reason mentioned in the applications and the fact that the contention made in the applications remain unctrovorted, the delay is condoned. Since right to sue survives against the legal representatives of non-applicant No.2, therefore, the applicant is permitted to bring the legal representatives of deceased non-applicant No.2 on record. Accordingly, abatement order is set aside.

5.

Amendment be carried out within two weeks from today. 6.

The applications stand disposed of accordingly. JUDGE Tambe.