Ambadas Kisan Kapade And Another v. Tulshiram Kisan Kapade
2024:BHC-NAG:7901 1 39-CAS-49-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAS) NO. 49 OF 2024 IN SECOND APPEAL NO. 40 OF 2020 AMBADAS KISAN KAPADE AND ANOTHER Vrs.
TULSHIRAM KISAN KAPADE (DECEASED) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri Z. Z. Haq, Advocate for applicants/appellants. Ms. Deepali Sapkal, Advocate for respondent-sole. CORAM: SANJAY A. DESHMUKH, J.
DATE : 22/07/2024.
This is an application for for setting aside abatement against respondent.
Considering the peculiar set of facts, it would be proper to allow the application, in the interest of jusitce as prayed.
Application is allowed and disposed of.
CIVIL APPLICATION (CAS) NO. 860 OF 2023 This is an application for condonation of delay of 281 days caused for filing the application for bringing the legal heirs of respondent on record.
2 39-CAS-49-24.odt Considering the peculiar set of facts, it would be proper to condone the delay, in the interest of justice, subject to costs of Rs.1,000/- to be paid to the respondent by the applicants.
The application is disposed of.
CIVIL APPLICATION (CAS) NO. 862 OF 2023 This is an application for bringing legal heirs of respondent on record.
Considering the reasons stated in the application, application is allowed in the interest of justice.
The application is disposed of.
CIVIL APPLICATION (CAS) NO. 50 OF 2024 This is an application for setting aside the abatement against appellant No.2.
Considering the reasons stated in the application, the application is allowed in the interest of justice.
The application is disposed of.
CIVIL APPLICATION (CAS) NO. 861 OF 2023 The appellant No.2 is dead. There is delay of 2 years and 58 days caused for filing the application for bringing legal heirs of appellant No.2 on record.
3 39-CAS-49-24.odt Considering the reasons stated in the application, application is allowed.
The application is disposed of.
CIVIL APPLICATION (CAS) NO. 863 OF 2023 This is an application for bringing legal heirs of appellant No.2 on record.
For the reasons stated in the application, application is allowed. The applicants to bring the LRs of appellant No.2 on record.
The application is disposed of.
CIVIL APPLICATION (CAS) NO. 615 OF 2024 AND CIVIL APPLICATION (CAS) NO. 616 OF 2024 These applications are not pressed and disposed of as not pressed.
SECOND APPEAL NO.40 OF 2020 The amendment be carried out within a week.
If the amendment is carried out and amended copies are supplied, issue notice to the LRs of appellant No.2 as well as to the LRs of respondent.
Stand over after one week.
[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 24/07/2024 17:06:10