Naresh @ Nathu Sadashiv Karwatkar v. The Nagpur Improvement Trust Thr. Chairman And Anor.

2025:BHC-NAG:5694 904 CAS-1064-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (S) NO.1064 OF 2024 WITH CIVIL APPLICATION (S) NO.1065 OF 2024 IN SECOND APPEAL NO.360 OF 2006 [Shri. Naresh alias Nathu Sadashiv Karwatkar (Dead) ..Vs.. Nagpur Improvement Trust and Another] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr N. Valesha, Adv. h/f Mr A. Parchure, Advocate for Applicant/Appellant. Mr P. S. Tiwari, Advocate for Respondent Nos.1 and 2.

CORAM

: M. W. CHANDWANI, J.

DATE : 20 th JUNE , 2025 .

1.

Heard.

2.

By the present applications, the legal representatives of the appellant are seeking to condone the delay, for setting aside the abatement order and permission to bring their names on record in place of deceased appellant.

3.

Considering the reasons mentioned in the applications and no objection of the respondent, the delay in filing the applications is hereby condoned and abatement order is set aside. Since right to sue survives in favour of the legal representatives of deceased appellant, they are permitted to bring their names on record. 4.

Accordingly the applications are disposed of. Necessary amendment be carried out within two weeks from today. 5.

Stand over to 04.07.2025.

JUDGE Tambe