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Bombay High CourtCAS/387/2025ca disposed off

Suresh S/O Ramkrishna Telang(Since Deceased) Through Lrs., Panchfula Wd/O Suresh Telang And 3 Other v. Kawdu S/O Urkuda Telang

2025-04-22Hon'Ble Shri Justice Rohit Wasudeo Joshi2 pages

2025:BHC-NAG:4240 1 904-CAS-388-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAS) NO. 387 OF 2025 AND CIVIL APPLICATION (CAS) NO. 388 OF 2025 AND CIVIL APPLICATION (CAS) NO. 389 OF 2025 IN SECOND APPEAL NO.

SURESH S/O RAMKRISHNA TELANG (SINCE DECEASED) THROUGH HIS LRS AND OTHERS Vrs.

KAWDU S/O URKUDA TELANG -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R. V. Bhanarkar, Advocate for applicants/appellants. Shri R. R. Vyas, Advocate for LRs of respondent-sole. CORAM: ROHIT W. JOSHI, J.

DATE : 22/04/2025.

1.

Leave to correct the name of proposed LRs of respondent "D" is granted. Amendment be carried out forthwith.

2.

Shri R. R. Vyas, learned counsel waives service of notice for legal representatives of deceased - respondent. 3.

These applications are for condonation of delay, for setting aside abatement and for bringing the legal representatives of deceased - respondent on record. 4.

For the reasons mentioned in the applications coupled with the fact that the appeal is of the year 2016 and the appeals of earlier years are pending, I am of the opinion that further hearing of the appeal is not adversely affected, due to the delay.

2 904-CAS-388-2025.odt 5.

In view of the above, the applications are allowed. Delay in filing application is condoned, abatement of appeal against deceased - respondent is set aside and permission is granted to bring the legal representatives of deceased-respondent on record.

6.

Necessary amendment be carried out on or before 09/05/2025.

7.

Shri R. R. Vyas, learned counsel waives service of notice on appeal on behalf of legal representatives of deceased-respondent.

8.

The applications are disposed of.

[ROHIT W. JOSHI, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 24/04/2025 19:01:21