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Bombay High CourtCAS/466/2017disposed off

Pandurang Ganpati Lokare (Deceased Thr. Lrs) v. Balu Dashrath Lokare (Decd. Thr. Lrs) And ORS

2023-03-08Hon'Ble Shri Justice Madhav J. Jamdar2 pages

51.ca.466.17.doc Harish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.466 OF 2017 IN SECOND APPEAL NO. 984 OF 2005 Pandurang Ganapati Lokare (Deceased through Legal Heirs) 1A.Shantabai Pandurang Lokare & Ors.

...Applicants/ Appellants

Versus

Balu Dashrath Lokare (deceased through legal heirs) 1A.Bhagirathi Balu Lokare (deceased) 1B.Hemant Balu Lokare (deceased) 1B(iv). Suresh Hemant Lokare & Ors.

...Respondents

Mr. Kalpesh Patil, for the Applicants/Appellants. Mr. Shubham Jangam i/b G. R. Agraval for Respondent No. 1, Mr. Vinayak Kumbhar i/b Mr. N. V. Bandiwadekar, Sr. Advo., for Respondent NO. 2 & 3.

CORAM :

MADHAV J. JAMDAR, J.

DATE :

8th MARCH, 2023 P.C.:

- 1.

This Civil Application is fled for bringing on record heirs of Sole Appellant who passed away on 8th March, 2008 and for setting aside the abatement order.

2.

There is delay of 7 years and 72 days in fling the Civil Application

51.ca.466.17.doc 3.

The learned counsel appearing for the Respondents strongly opposses the Application. However, suffcient reasons are given. 4.

Therefore, the Civil Application is allowed in terms of prayer clauses (a), (b) and (c).

5.

Amendment to be carried out within a period of 14 days from today.

6.

The Civil Application is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.)