Rajendra Janardhan Dhangade v. Smt. Leelabai Wd/O. Kamleshsingh Chauvan And Others

1 9. FA 931 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.3988 OF 2025 WITH CIVIL APPLICATION (CAF) NO.3989 OF 2025 WITH CIVIL APPLICATION (CAF) NO.3990 OF 2025 IN FIRST APPEAL NO.931 OF 2022 RAJENDRA JANARDHAN DHANGADE

VERSUS

SMT. LEELABAI WD/O. KAMLESHSINGH CHAUVAN AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Preeti Gwalani h/f Mr. J.B. Gandhi, Advocate for Appellant. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 12th NOVEMBER 2025 CIVIL APPLICATION (CAF) NO.3988 OF 2025 1.

Heard learned Advocate for the appellant.

2.

This is an application for condonation of delay in filing the application for setting aside abatement and bringing on record the legal representatives of deceased appellant.

3.

Considering the reasons mentioned in the application and submissions advanced, the application is allowed and the delay of 265 days is condoned.

4.

In view of the above, the civil application is disposed of. CIVIL APPLICATION (CAF) NO.3989 OF 2025 5.

This is an application for setting aside abatement.

2 9. FA 931 of 2022.odt 6.

Learned Advocate for the appellant pointed out that the appellant has expired during the pendency of the appeal and cause of action survives. The legal representatives of deceased appellant intends to prosecute the appeal and therefore, a request is made for setting aside abatement.

7.

For the reasons mentioned in the application and submission advanced, the application is allowed and abatement is setaside. 8.

The civil application is accordingly disposed of. CIVIL APPLICATION (CAF) NO.3990 OF 2025 8.

This is an application for bringing on record the legal representatives of deceased appellant.

9.

Considering the fact that the cause of action survives and the legal representatives of deceased appellant desire to contest the appeal on merits, the civil application is allowed and learned Advocate for the appellant is permitted to bring on record the legal representatives of deceased appellant. Necessary amendment be carried within a period of two weeks from today. 10.

In view of the above, the civil application is disposed of. (PRAFULLA S. KHUBALKAR, J.) asd