Gangadhar S/O Mahadev Shejole v. Smt. Subhadrabai Wd/O Ramrao Shejole And Others

2024:BHC-NAG:3233 -1- 17.SA.282.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C IVIL APPLICATION (CAS) NO. 133 OF 2024 AND C IVIL APPLICATION (CAS) NO. 134 OF 2024 AND C IVIL APPLICATION (CAS) NO. 135 OF 2024 IN SECOND APPEAL NO. 282 OF 2018 Gangadhar S/o. Mahadeo Shejole Vs.

Smt. Subhadrabai wd/o. Ramrao Shejole & Ors. ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. Saumitra Kanetkar, Advocate h/f. Mr. S.G. Joshi, Advocate for the Appellant.

Mr. A.J. Thakkar, Advocate for Respondent Nos.4(c) & 5(b). CORAM : G. A. SANAP, J.

DATED : 15 th MARCH, 2024.

.

It is stated in the applications that the appellant died on 20th February, 2021. The applicants are his legal heirs. It is stated that for want of proper information and instructions, the application could not be made within limitation, and as such, the appeal has abated. There is delay of 322 days in setting aside the abatement.

2.

In view of the reasons stated in the applications, the applications are allowed.

3.

The delay caused in filing the application for setting aside the abatement is condoned.

4.

The abatement is set aside.

-2- 17.SA.282.2018.odt 5.

The applicants are allowed to be brought on record as legal heirs of the deceased appellant.

6.

The necessary corrections be made within a week. 7.

The applications stand disposed of, accordingly. (G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 15/03/2024 18:31:29