Chandrabhagabai P Sorte (Dead) Thr. Lrs. Smt. Yammu W/O Bhikaji Sahare And Others v. Smt. Yashodharabai Wd/O Premanand Sorte And ANR.

2024:BHC-NAG:5861 16.200.10.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C IVIL APPLICATION (CAS) NO.401 OF 2024 IN SECOND APPEAL NO.200 OF 2010 Smt. Chandrabhagabai Wd/o Patruji Sorte (dead) through LRs .Vs. Smt. Yashodharabai W/o Premanand Sorte and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Vedant Vyawahare, Adv. h/f Shri Nitin Vyawahare, Adv. for appellants. Shri M.A. Deo, Advocate for respondent Nos.1 and 2. CORAM : SANJAY A. DESHMUKH , J.

DATED : 10/06/2024 1.

Heard.

2.

This is an application for condonation of delay as well as setting aside abatement and bringing legal representative of respondent No.2.

3.

For the reasons stated in the application which are found satisfactory showing sufficient cause for causing delay, the application is allowed.

4.

The delay caused in filing the application for bringing the legal representatives of deceased respondent No.2 on record is also condoned.

CIVIL APPLICATION (CAS) NO.400 OF 2024 5.

The learned counsel for the respondent is opposing to allow the application, however, as the reasons stated in the application are found satisfactory showing

16.200.10.odt sufficient cause for condoning the delay, the application is allowed.

6.

Necessary amendment be carried out within a week. Both applications are disposed of accordingly. S ECOND APPEAL NO.200 OF 2010 7.

Issue notice to the proposed legal heirs of respondent No.2, returnable after four weeks. 8.

Shri Deo, learned counsel waives service of notice for the proposed legal heirs of respondent No.2. JUDGE C.L.Dhakate