Partly allowed

Purushottam Vithalrao Tarekar and Anr. v. Sk. Abas Sk. Gulab (Dead) Thr. Lrs. Munifabi W/O. Sk. Abbas and 5 Ors.

Bombay HC26 Oct 2021CAS/161/2020

Case brief

AI extract

What is this about?

The High Court allowed applications to condone delay in filing for substitution of legal representatives and setting aside abatement, deleted names of expired parties, and disposed of the miscellaneous applications.

What did the court decide?

Delay condoned; names of LR's mentioned in application added; names of respondents 5(i) and 6 deleted; all applications disposed of.

Purushottam Vithalrao Tarekar and Anr. Vs Sk. Abas… — Execution and Attachment | Bombay HC (2021)

Order

12 sa 239-2010

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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CIVIL APPLICATION (CAS) NO.159/2020 WITH CIVIL APPLICATION (CAS) NO.160/2020 WITH CIVIL APPLICATION (CAS) NO.161/2020 WITH CIVIL APPLICATION (CAS) NO.162/2020 IN SECOND APPEAL NO.239/2010

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Purushottam Vithalrao Tarekar

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Vs.

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Sk. Abbas s/o Sk. Gulab (dead) through LR’s Munifabi w/o Sk. Abbas and others.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.

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Shri Vivek Awchat, Advocate for appellants.

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CORAM : S.M. MODAK, J. DATE : OCTOBER 26, 2021.

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Heard.

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2. The respondent nos.2, 3 5(i) and 6 have expired.
It was intimated to this Court vide Pursis Stamp
No.11124/2019 dated 19/08/2019. Perused the pursis. There
is a reason to believe the averments about knowledge of
death of those four persons. Respondent No.3- Sk Bashir s/o
Sk. Gulab expired on 17/12/2018 and respondent no.6-
Champalal Govindram Varma expired on 14/11/2018. The
appellants on their own collected this information. About
dates of death of respondent no.2- Sk. Farid s/o Sk. Gulab
and respondent no.5 (i) Syed Wazir s/o Syed Chand,
appellant is not aware. In respect of death of respondent no.2
and respondent no.5(i), the appellant has considered the date
of filing of pursis as the date of knowledge. In respect of
death of respondent nos.3 and 6, the appellant has

Order

12 sa 239-2010

considered the dates of their deaths as a starting point. For
filing the application for respondent no.5(i), there is a delay
of 503 days. The name of respondent no.2 has already been
deleted as per the order dated 22/10/2019.

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3. Notice is already served on the proposed legal
representatives of three deceased respondents. They have not
appeared. Hence, there is a reason to accept the explanation
for condonation of delay in filing both the applications.
Hence, the following order is passed.

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ORDER

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i) The delay caused in filing the application for bringing legal representatives and caused in filing an application for setting aside abatement is condoned.

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ii) The names of respondent nos.5(i) and 6 be deleted and names of their proposed legal representatives are mentioned in the application be added.

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iii) All applications are disposed of.

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iv) Necessary amendment be carried out. As already notices of these applications are served on them, there is no need to issue fresh notice after carrying out the amendment.

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 JUDGE

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R.S. Sahare

Purushottam Vithalrao Tarekar and Anr. v. Sk. Abas Sk. Gulab (Dead) Thr. Lrs. Munifabi W/O. Sk. Abbas and 5 Ors.

Case brief

What is this about?

What did the court decide?

Purushottam Vithalrao Tarekar and Anr. v. Sk. Abas Sk. Gulab (Dead) Thr. Lrs. Munifabi W/O. Sk. Abbas and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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