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Bombay High CourtCAS/931/2025allowed

Manohar Rajaram Shenmare v. Dr. Ashok Bapuji Nimje And ORS.

2025-11-06Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

27. CAS 931.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAS) NO.931 OF 2025 IN SECOND APPEAL NO.406 OF 2006 Manohar Rajaram Shenmare (dead), Thru. LR's Vs. Dr. Ashok Bapuji Nimje and ors.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. D. T. Sukhadev, Advocate for LR's of applicant No.3. Ms. Shubhada Chondkar h/f. Mr. Amol Mardikar, Advocate for respondent Nos.2-A, 2-B and 4.

CORAM : ROHIT W. JOSHI, J.

DATE : 06.11.2025.

.

There is a delay of 36 days in bringing the legal representatives of deceased respondent No.1 on record. Although the application is strongly opposed, in the considered opinion of this Court, the appellant is diligently prosecuting the appeal since the year 2006. The delay is properly explained and it is also not inordinate. In that view of the matter, application for condonation of delay in bringing legal representatives of deceased respondent No.1 is allowed and permission is granted to implead the legal representatives of deceased respondent No.1 on record.

2.

Necessary amendment be carried out on or before 14.11.2025.

27. CAS 931.25.odt 3.

Learned Advocate, Ms. Shubhada Chondekar, waives notice for the legal representatives of deceased respondent No.1 in the main appeal.

4.

List the appeal for final hearing on 10.12.2025. (ROHIT W. JOSHI, J.) Tanmay...