Bombay High CourtCAS/1267/2017ca disposed off

Smt. Anjanabai W/O Bhalchandra Lokhande v. Shri Pandurang Bajirao Dhawane

2017-11-29Hon'Ble Shri Justice V.M. Deshpande2 pages

sa.118.10 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAS] NO.1266 OF 2017 WITH CIVIL APPLICATION [CAS] NO.1267 OF 2017 WITH CIVIL APPLICATION [CAS] NO.1268 OF 2017 IN SECOND APPEAL NO.118 OF 2010 (Smt. Anjanabai w/o Bhalchandra Lokhande vs.

Pandurang Bajirao Dhawane) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: V.M. DESHPANDE, J.

DATE : 29 th NOVEMBER, 2017.

Heard Shri R.M. Mardikar, learned Counsel for the applicants.

These three applications are moved by the applicants, who are the legal representatives of appellant-Anjanabai Bhalchandra Lokhande, who expired on 10/08/2014.

Civil Application No.1266/2017 is for setting aside abatement, Civil Application No.1267/2017 is for condonation of delay in moving the application for bringing the applicants' name as legal representatives of deceased appellantAnjanabai and Civil Application No.1268/2017 is for bringing their names in place of appellant-Anjanabai.

sa.118.10 2/2 The advance copies of these three applications were served to the learned Counsel for the sole respondent-Pandurang Dhawane.

Shri Sudhir Malode, learned Counsel for the respondent sole states that he has instructions to make a statement before the Court that respondent has no objection for allowing these three applications. In view of the said statement, the applications are allowed. Abatement is set aside, delay is condoned and the names of the applicants allowed to be taken on record in place of original appellant-Anjanabai Lokhande, who expired during pendency of the appeal.

Shri R.M. Mardikar, learned Counsel submits that he will be substituting the names of the applicants as appellant nos.1(A) to 1(E) within a period of one week from today.

Civil applications are disposed of in above terms.

JUDGE *sdw