The court allowed a civil application filed by legal heirs of the original appellant. The application sought condonation of delay in filing, setting aside abatement, and allowing the heirs to be impleaded as legal heirs in the first appeal.
Condonation of delay, setting aside of abatement, and permission to amend the record were allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1638 OF 2012 IN
FIRST APPEAL NO.1104 OF 1995
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders
Mr.J.B.Panke for the applicants
CORAM : K.K.TATED, J. DATE : 24/08/2012
PC :
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the present litigation. They learnt about the present litigation in the month of March 2012 when a meeting of all the land holders was held to discuss the strategy in the present appeals. Therefore there is a delay in preferring the present Civil Application.
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a. Delay in preferring present Civil Application is condoned.
b. Abatement is set aside.
c. Applicants are allowed to bring their names on record in First Appeal no.1104 of 1995 as legal heirs of sole appellant.
d. Applicants to carry out amendment
within three weeks from today. If amendment is not carried out within three weeks from today, Civil Application shall stand dismissed without referring back to the court.
e. Amended copy of First Appeal Memo be served on the other side.
f. Civil Application is disposed of accordingly.
(K.K.TATED, J.)
Mohite
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2 issues framed by the court
Whether delay in preferring the civil application should be condoned.
Whether the abatement of the original appeal should be set aside.
Legal heirs of Vasudeo Ganpat Kulkarni
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
