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Bombay High CourtCAO/2043/2019ca disposed off

Ambadas S/O Khanduji Doifode v. Shankarrao S/O Champatrao Thakre (Dead) Through Lrs. Smt. Vimal Wd/O Shankarra Thakre And Others

2021-03-12Hon'Ble Mrs. Justice Swapna Joshi3 pages

1 10.CAO.2043 & 2044-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 2043 OF 2019 WITH CIVIL APPLICATION (CAO) NO. 2044 OF 2019 IN CIVIL APPLICATION (CAO) NO. 530 OF 2018 IN MISC. CIVIL APPLICATION ST. NO. 25370 OF 2017 IN SECOND APPEAL NO. 352 OF 1997(D) ( Ambadas S/o Khanduji Doifode Vs.

Shankarrao S/o Champatrao Thakre (dead), Thr. LRs. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri S.U. Nemade, Advocate for the applicant/appellant. None for the respondents.

CORAM: MRS. SWAPNA JOSHI, J.

DATED : 12th MARCH, 2021.

CIVIL APPLICATION (CAO) NO. 2043 OF 2019 None for the respondents though served.

2.

This is an Application seeking condonation of delay in filing the application for setting aside abatement and bringing legal heirs of the deceased respondent No.7 on record.

3.

Heard. Perused the contents of the Application.

2 10.CAO.2043 & 2044-2019.odt 4.

For the reasons mentioned in the Application, I am satisfied that the delay is properly explained and sufficient ground is made out for condoning the delay.

5.

In view thereof, the delay in filing the application for setting aside abatement and bringing legal heirs of the deceased respondent No.7 on record is hereby condoned, subject to the payment of costs of Rs. 1,000/-, to be deposited with the Vidarbha Lady Lawyers' Association, Nagpur.

6.

The Civil Application stands disposed of accordingly.

CIVIL APPLICATION (CAO) NO. 2044 OF 2019 This is an application for setting aside abatement and bringing legal heirs of the deceased respondent No.7 on record.

2.

For the reasons mentioned in the application and in the interest of justice, the Civil Application is allowed.

3.

The legal heirs of respondent No.7 be brought on record and shown in the array of respondents.

4.

Amendment be carried out within a period of two weeks from today and serve the notice to the legal heirs of respondent No.7 accordingly.

3 10.CAO.2043 & 2044-2019.odt 5.

The Civil Application stands disposed of accordingly.

(MRS. SWAPNA JOSHI, J.) SD. Bhimte