Babamiya S/O Rahemumiya v. Smt. Umabai Wd/O Bhaurao Dalal (Deleted) And Others

2024:BHC-NAG:7676 1 22-CAS-588-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 588 OF 2024 IN SECOND APPEAL NO. 198 OF 2018 BABAMIYA S/O REHEMUMIYA Vrs.

SMT. UMABAI WD/O BHAURAO DALAL (DELETED) AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri S. O. Ahmad, Advocate for applicant/appellant. Shri N. R. Raut, Advocate h/f Shri N. B. Kalwaghe, Advocate for respondent Nos.2, 3, 5 and 6.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 18/07/2024.

1.

This is an application for condonation of delay of 257 days caused for filing application for setting aside abatement and bringing legal heirs of appellant on record.

2.

Perused the application., 3.

Heard learned Advocates for both sides.

4.

Learned advocate for respondents has strongly objected the application.

5.

Considering the peculiar set of facts and for the reasons stated in the application, the application deserves to be allowed, in the interest of justice. 6.

The application is allowed, subject to deposit of costs of Rs.500/- in the office of Vidarbha Lady Lawyers' Association, Nagpur.

2 22-CAS-588-24.odt CIVIL APPLICATION (CAS) NO. 587 OF 2024 7.

This is an application for setting aside abatement.

8.

Perused the application.

9.

Heard learned advocates for both sides.

10.

For the reasons stated in the application, application deserves to be allowed, in the interest of justice.

11.

Application is allowed and disposed of.

CIVIL APPLICATION (CAS) NO. 589 OF 2024 12.

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

13.

Perused the application.

14.

Heard learned advocates for both sides.

15.

For reasons stated in the application, application is allowed.

16.

Application is disposed of.

17.

Applicant is permitted to carry out amendment.

SECOND APPEAL NO. 198 OF 2018 18.

Learned Advocate for the appellant seeks two weeks time for filing hard copy of paper book. 19.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 19/07/2024 18:14:27