Jaikumar S/O Shaligram Chandak v. Dipak S/O Shrikant Kachare And Others

918-wp-6183-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 6183 of 2024 Jaikumar S/o Shaligram Chandak

Versus

Dipak S/o Shrikant Kachare and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.G.Sarda, Advocate for the petitioner.

CORAM : N.R.BORKAR, J.

DATED : 15th OCTOBER, 2024.

This petition takes exception to the order dated 18th September, 2024 passed by the learned Adhoc District Judge-1, Khamgaon below Exhibit 12 in Regular Civil Appeal No. 59 of 2015.

2.

Respondent nos. 1 to 3 and 5 to 7 have filed the above first appeal along with one Pramila Dedhe, who died during the pendency of appeal.

3.

By the order impugned the learned first appellate court has allowed the application filed by SKNair

918-wp-6183-24.odt respondent nos. 1 to 3 and 5 to 7 to bring on record the legal representatives of said Pramila Dedhe.

4.

I have heard the learned counsel for the petitioners. Learned counsel for the petitioners submits that the learned first appellate court has allowed the application without considering the fact that, it was moved after more than four years.

5.

I have perused the impugned order. The learned first appellate court has recorded the findings that the other appellants were not aware about the death of Pramila Dedhe. The said finding is not shown to be perverse.

6.

In that view of the matter, I am not inclined to interfere with the impugned order. The writ petition is dismissed.

[N.R.BORKAR, J.] SKNair