Bhanupriya D/O Manohar Pilley v. Brijlal Talaram Khurana And Another

1/3 28.caf.1815.2025 in fast.24717.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1815 OF 2025 WITH CIVIL APPLICATION (CAF) NO. 1816 OF 2025 WITH CIVIL APPLICATION (CAF) NO. 1817 OF 2025 IN FIRST APPEAL (ST) NO. 24717 OF 2019 (Bhanupriya Manohar Pilley V/s Brijlal Talaram Khurana & Anr.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. U. A. Bhattad, Advocate for Appellant.

Mr. D. P. Shouche, Advocate for Respondent No.2.

--------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 04, 2025.

CIVIL APPLICATION (CAF) NO. 1815 OF 2025 .

By this Application, the Appellant is seeking condonation of 678 days delay in preferring the application for bringing the legal representatives of Respondent No.1 on record.

2.

It is stated by the Appellant that after issuing notices to the Respondent No.1 through Bailiff Report, they got knowledge about the death of Respondent No.1, however, some time was consumed to get the details of legal representatives of the Respondent no.1.

2/3 28.caf.1815.2025 in fast.24717.2019.odt 3.

The learned Counsel appearing for Respondent No.2 strongly objected the Application, however, considering the reasons put-forth in the Application, which according to me are satisfactory, the delay of 678 days is hereby condoned. 4.

Civil Application stands disposed of accordingly. CIVIL APPLICATION (CAF) NO. 1816 OF 2025 .

This Application is filed for setting aside the abatement against Respondent No.1.

2.

For the reasons stated in the Application, Civil Application is allowed.

3.

The abatement against Respondent No.1 is hereby set aside.

CIVIL APPLICATION (CAF) NO. 1817 OF 2025 .

This Application is filed for bringing the legal representatives of Respondent No.1 on record. 2.

For the reasons stated in the Application, Civil Application is allowed.

3.

The Appellant is directed to carry out necessary amendment in cause-title of the Appeal within a period of two weeks from today.

4.

After the amendment is carried out, issue fresh

3/3 28.caf.1815.2025 in fast.24717.2019.odt notice to the newly added Respondents, returnable on 1st October, 2025.

5.

In addition to regular mode of service, Appellant is permitted to serve the newly added Respondents by all modes of private service, as permissible in law.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 09/09/2025 10:42:51