Bombay High CourtCAF/78/2019admittedallwdgrantedrule absolute

Shri. Ravi S/O. Narsingh Moorati v. Smt. Anitabai Wd/O. Dhanraj Chamlate And Others

2019-02-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1802caf77.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.77/2019 IN FIRST APPEAL NO.796/2016 Shri Ravi S/o Narsingh Moorati ...Versus...

Smt. Anitabai Wd/o Dhanraj Chamlate and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri H.R. Gadhia, Counsel for appellant Shri D.N. Kukday, Counsel for respondent no.6 CORAM : ARUN D. UPADHYE, J.

DATE : 18/02/2019 Heard.

Perused the application. There is a delay of 330 days caused in bringing the legal heirs of respondent no.7 on record.

For the reasons stated in the application, the delay caused in bringing the legal heirs of respondent no.7 is condoned.

The civil application is allowed and disposed of. No order as to costs.

CIVIL APPLICATION (CAF) NO.78/2019 Heard.

Perused the application. For the reasons stated in the application, the civil application is allowed. The legal

1802caf77.19.odt heirs of respondent no.7 mentioned in paragraph no.3 of the application be brought on record.

The civil application stands disposed of. No order as to costs.

CIVIL APPLICATION (CAF) NO.79/2019 Heard.

For the reasons stated in the application, the abatement is set aside. The civil application stands disposed of. No order as to costs.

FIRST APPEAL NO.796/2016 The learned Counsel for the appellant has submitted that the respondent no.5 is reported to be dead and his legal heirs are already on record. He, therefore, seeks permission to delete the name of the respondent no.5. The appellant is permitted to delete the name of the respondent no.5 from the array of the respondents. Amendment be carried out within three weeks.

JUDGE Wadkar, P.S.