Allowed

Kashinathrao Wamanrao Jaibahar Died Thr His Lrs Saroj and Ors. v. Vijayshri Vijaykumar Jaibahar and Anr.

Bombay HC12 Sept 2017CA/11755/2016

Case brief

AI extract

What is this about?

This court condoned the delay in bringing the legal representatives of the deceased original appellant on record, set aside the order of abatement, and permitted the applicants to prosecute the underlying appeal for maintenance.

What did the court decide?

Condonation of delay, setting aside order of abatement, and permission to legal representatives to come on record as legal representatives of the original appellant.

Kashinathrao Wamanrao Jaibahar Died Thr His… — Pension and Retirement Benefits | Bombay HC (2017)

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( 1 )

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ca11755.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 11755 OF 2016
IN FCA/1/2012 WITH CA/14414/2012 IN FCA/1/2012

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KASHINATHRAO WAMANRAO JAIBAHAR DIED THR HIS LRS SAROJAND

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ORS

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VERSUS

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VIJAYSHRI VIJAYKUMAR JAIBAHAR AND ANR

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Mr.Hemant Surve, Advocate for the applicants.
Mr.C.V. Bodkhe h/f. Mr.R.V. Gore, Advocate for R-1.

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CORAM : T.V.NALAWADE &
S.M.GAVHANE,JJ.
DATED :12.09.2017

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P.C. :-

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1.Heard. This application is filed for following

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reliefs:-

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i)For condonation of delay caused in bringing
legal representatives of sole appellant from F.C.A. No.1
of 2012 on record;

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ii)For permission to legal representatives to
come on record to prosecute the appeal and;

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iii)For setting aside order of abatement along
with abatement of appeal.

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2.It appears that in F.C.A. No.1 of 2012, the
decision of maintenance given in favour of father-in-law
was under challenge, but the appellant died during
pendency of the appeal. The legal representatives were
not brought on record. The husband of the original
applicant is dead and so there is possibility of

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enforcement of the order of maintenance as against legal
representatives of deceased appellant, who are grand-sons
of the appellant (applicant Nos.1 to 3) and son of
applicant. It appears that there is no issue of original
appellant, namely, Vijayshri against whom she can claim
maintenance. In view of these circumstances, this Court
holds that opportunity needs to be given to the
applicants.

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3.In the result, the application is allowed. The
delay is condoned. The order of abatement of the matter
is set aside. Permission is given to the applicants to
come on record as legal representatives of original
appellant. The amendment be carried out immediately.

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[S.M.GAVHANE,J.]

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snk/2017/SEP17/ ca11755.16

Kashinathrao Wamanrao Jaibahar Died Thr His Lrs Saroj and Ors. v. Vijayshri Vijaykumar Jaibahar and Anr.

Case brief

What is this about?

What did the court decide?

Kashinathrao Wamanrao Jaibahar Died Thr His Lrs Saroj and Ors. v. Vijayshri Vijaykumar Jaibahar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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