Bhagwan Shankar Date And Another v. Pramnilabai Vishnu Upadhyay And 2 Others

2025:BHC-NAG:4258 Order 2404cas1579.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [CAS] NOs. 1579 AND 1580 OF 2023 IN SECOND APPEAL NO. 102/2006.

Bhagwan Shankar Date and another.

Versus

Pramilabai Vishnu Upadhyay and others.

____________________________________________________________________________________________ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri A.V. Bhide, Advocate for Appellants.

Shri S.D. Khati, Advocate for Respondent No.1. CORAM : ROHIT W. JOSHI, J.

DATE : APRIL 24, 2025.

Heard.

2.

For the reasons stated in the Civil Applications, coupled with the fact that the appeal is already admitted and appeals of earlier years are also pending, although there is delay in filing the application for bringing legal heirs of deceased appellant no.1 on record, the further progress of the appeal is not hampered due to the delay. In that view of the matter, the application seeking condonation of delay is allowed, abatement of appeal against deceased appellant no.1 is set aside and Rgd.

Order 2404cas1579.23 permission is granted to bring legal heirs of deceased appellant no.1 on record.

3.

Civil Applications are accordingly disposed of. JUDGE Rgd.