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Bombay High CourtCAS/1551/2018ca disposed off

Bhaurao S/O Narayan Sangole (Dead) Through Lrs. Sanjay Bhaurao Sangole And 2 Others v. Ushabai Wd/O Tulshiram Thakare And Another

2024-08-23Hon'Ble Shri Justice M. W. Chandwani2 pages

5 sa360.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO.1551 OF 2018 AND CIVIL APPLICATION (CAS) NO.1550 OF 2018 AND CIVIL APPLICATION (CAS) NO.1553 OF 2018 AND CIVIL APPLICATION (CAS) NO.1552 OF 2018 IN SECOND APPEAL NO.360 OF 2013 Baburao s/o Narayan Sangole (dead) through LRS and others Vs.

Ushabai Wd/o Tulshiram Thakare and another __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.B. Patil, Advocate for appellants.

Shri S.S. Deshpande, Advocate for respondent no.1. CORAM :

M.W. CHANDWANI, J.

DATE : 23.08.2024.

Heard.

2.

By these applications, the applicants are seeking to condonation of delay in setting aside abatement order against appellant no.1 and bringing legal representatives of appellant no.1 and permission to bring legal representatives of appellant no.1 on record.

3.

Learned counsel for the appellants submits that he has also filed vakalatnama on behalf of remaining legal representatives of deceased appellant no.1.

5 sa360.13.odt 4.

Learned counsel appearing on behalf of respondent no.1 submits that he has no objection in allowing the applications.

5.

Considering the reasons mentioned in the applications, delay is hereby condoned. The abatment order passed against appellant no.1 is set aside. Since right to sue survives in favour of the legal representatives of deceased appellant no.1 permission to bring them on record is permitted. Accordingly, amendment be carried out within two weeks.

6.

Civil applications stand disposed of.

JUDGE Wagh