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Bombay High CourtCAS/1297/2022ca disposed off

Lahanya S/O Bapu Dharade And Others v. Smt. Jumlabai Wd/O Nago Shelki Thr. P.O.A. Tukdya S/O Nago Shelki

2023-10-07Hon'Ble Smt. Justice M. S. Jawalkar4 pages

2023:BHC-NAG:14729

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NOS. 1295/2022, 1294/2022 & 1296/2022 IN SECOND APPEAL NO. 391 OF 2017 LAHANYA S/O. BAPU DHARADE AND ORS.

...VERSUS...

SMT. JUMLABAI WD/O. NAGO SHELKI THR. P.O.A. TUKDYA S/O. NAGO SHELKI ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M.R.Joharapurkar, Advocate for appellants/applicants. Shri S.D. Zoting, Advocate for respondent.

CORAM

:

SMT. M. S. JAWALKAR,J.

th OCTOBER , 2023 DATE :

The Civil Application (CAS) No. 1295/2022 is filed for abatement and for bringing the legal heirs of sole respondent on The Civil Application (CAS) No. 1294/2022 is filed for for setting aside abatement against sole respondent. The Civil Application (CAS) No. 1296/2022 is filed for bringing the legal heirs of sole respondent on record. Shri S.D. Zoting, learned counsel waives notice for proposed legal heirs of sole respondent. He has no objection to allow the present applications.

abatement and for bringing the legal heirs of sole respondent on record is hereby condoned. The abatement is set aside. Permission is granted to bring the proposed legal heirs of sole respondent on 8.

After amendment is carried out, issue notice to the proposed legal heirs of sole respondent.

9.

Shri S.D. Zoting, learned counsel waives notice for proposed legal heirs of sole respondent.

CIVIL APPLICATION (CAS) NOS. 680/2023, 679/2023 & 681/2023 The Civil Application (CAS) No. 680/2023 is filed for abatement and for bringing the legal heirs of appellant no. 1 on The Civil Application (CAS) No. 679/2023 is filed for for setting aside abatement against appellant no. 1. The Civil Application (CAS) No. 681/2023 is filed for bringing the legal heirs of appellant no. 1 on record. The learned counsel for proposed legal heirs of sole respondent has no objection to allow the present applications.

abatement and for bringing the legal heirs of appellant no. 1 on record is hereby condoned. The abatement is set aside. Permission is granted to bring the names of proposed legal heirs of appellant no. 1 on record.

CIVIL APPLICATION (CAS) NOS. 1298/2022, 1297/2022 & 1299/2022 The Civil Application (CAS) No. 1298/2022 is filed for abatement and for bringing the legal heirs of appellant no. 3 on The Civil Application (CAS) No. 1297/2022 is filed for for setting aside abatement against appellant no. 3. The Civil Application (CAS) No. 1299/2022 is filed for bringing the legal heirs of appellant no. 3 on record. The learned counsel for proposed legal heirs of sole respondent has no objection to allow the present applications. abatement and for bringing the legal heirs of appellant no. 3 on record is hereby condoned. The abatement is set aside. Permission is granted to bring the names of proposed legal heirs of appellant no. 3 on record.

SECOND APPEAL NO. 391 OF 2017 At this juncture, both the parties have agreed to refer the matter for mediation.

Both the parties by consent suggested the name of Mediator Advocate Shri Smt. Ujwala A. Patil.

The parties to appear before learned Mediator on 27/10/2023 at 02.00 p.m.

The Co-ordinator, High Court Legal Services Sub-Committee, Nagpur to take necessary steps. (Smt. M.S. Jawalkar, J.) B.T.Khapekar