Bombay High CourtCAS/1185/2018admittedallwdgrantedrule absolute

Smt. Mirabai Dadarao Chirade And Others v. Sau. Pushpa W/O Ramesh Tayade And Others

2019-02-13Hon'Ble Mrs. Justice Swapna Joshi2 pages

13.02.CAS.1185.18+

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (S) NO.1185, 1184 & 1186 all of 2018 IN SECOND APPEAL NO.541/2017

(1. Smt.Mirabai Dadarao Chirade and others vs. Sau. Pushpa w/o Ramesh Tayade and others) ...........................

............................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. A.V.Bhide, Adv. for appellants/applicants Mr. A.R.Chauhan, Adv. for respondent no.1 CORAM : MRS.SWAPNA JOSHI, J.

DATED : 13th February, 2019.

CA. 1185/2018 This is an Application seeking condonation of delay of 275 days in bringing the names of legal representatives of deceased respondent no.3 on record.

Although the learned counsel for respondent no.1 has opposed the Application, on a perusal of the same, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

In view thereof, the delay of 275 days is condoned, subject to payment of costs of Rs. 500/-(rupees five hundred) to be deposited with Vidarbha Lady Lawyers' Association, Nagpur. The Civil Application is allowed and disposed of. CA: 1184/2018.

The applicants/appellants have filed the instant Application for setting aside abatement.

For the reasons enumerated in the Application and as the learned Advocate for respondent no.1 has no objection, the Civil

13.02.CAS.1185.18+ Application is allowed. The abatement of Second Appeal against the respondent no.3 is set aside. The Civil Application is allowed and disposed of.

CA: 1186/2018.

This is an application for bringing legal representatives of deceased respondent no.3 on record For the reasons mentioned in the Application, the Civil Application is allowed and disposed of. The amendment be carried out within a period of two weeks.

JUDGE sahare