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Bombay High CourtCAS/306/2025ca disposed off

Shamraoji Gadi Langde v. Chandrakala @ Shila Wd/O Dinkarrao Tijare And Others

2025-04-02Hon'Ble Shri Justice M. W. Chandwani3 pages

2025:BHC-NAG:3395 1 937 cas305.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (CAS) NO. 305 OF 2025 IN SECOND APPEAL ST. NO. 1995 OF 2025 SHAMRAOJI S/o GADI LANGDE

VERSUS

CHANDRAKALA @ SHILA Wd/o DINKARRAO TIJARE AND OTHERS ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Sarang Malode, Advocate for the applicant Mr. M. R. Joharapurkar, Advocate for the non-applicants. CORAM : M. W. CHANDWANI, J.

DATE : APRIL 02, 2025.

CIVIL APPLICATION (CAS) NO. 306 OF 2025 This is an application for condonation of delay in filing application for bringing legal heirs of deceased appellant - Shamrao Gadi Langde on record and setting aside abatement.

The reasons for delay are stated on affidavit in the application. Learned counsel for the respondents has no objection for condoning the delay.

In view of the reasons stated in the application the delay of 185 days caused in filing application for bringing legal heirs of deceased appellant on record, is condoned. The abatement of the appeal is set aside.

The application is allowed and disposed of.

CIVIL APPLICATION (CAS) NO. 307 OF 2025

2 937 cas305.25.odt This is an application for bringing legal representatives of deceased appellant - Shamrao Gadi Langde on record.

Learned counsel for the respondents submitted that he has no objection, if the applicants are brought on record as appellants.

Thus, for the reasons mentioned in the application, the application is allowed. Permission is granted to the applicants to substitute their names in place of deceased appellant.

Necessary correction/amendment be carried out forthwith in CAS No. 305/2025 and Second Appeal Stamp No. 1995/2025.

6.

The application stands disposed of.

CIVIL APPLICATION (CAS) No. 305 of 2025.

This is an application for condonation of 597 days delay caused in filing second appeal.

The contention is that due to change of the version of the software of e-filing of the Court, the appeal could not be registered.

Considering the submission and no objection of the respondent, the delay of 597 days caused in fling second appeal is condoned.

The application is allowed and disposed of.

6.

Second Appeal be registered.

3 937 cas305.25.odt SECOND APPEAL ST. NO. 1995 OF 2025 Issue notice to the respondents.

Mr. M. R. Joharapurkar, learned counsel appears on caveat and waives notice on behalf of respondent nos.1 and 2.

It is contended by the learned counsel for the parties that the parties have settled the dispute and will file an application for passing compromise decree.

On their request, stand over to 09.04.2025.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 03/04/2025 14:19:15