The High Court allowed a civil application for condonation of delay in bringing legal heirs of a deceased respondent on record. It set aside abatement due to lack of malafide and directed amendment within two weeks.
Application allowed; delay condoned; abatement set aside; legal heirs to be brought on record; amendment within two weeks.
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.
ca3119.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3119 OF 2023 IN SECOND APPEAL NO. 1614 OF 2005
Laxman S/o Tima Dandgule & another
Applicants
Versus
Hariba S/o Goma Pawar & others
Respondents
Mrs. M. A. Kulkarni, Advocate for the applicants. Mr. Ajay Shinde, Advocate for respondent No. 4.
CORAM : R. M. JOSHI, J. DATE : 13th MARCH, 2023.
PER COURT :
ca3119.23.odt
5. Civil application stands disposed of.
dyb
2 issues framed by the court
Whether delay in bringing legal heirs on record due to clerk mistake and pandemic warrants condonation and setting aside abatement?
Whether the abatement of civil application should be set aside to bring legal heirs on record?
Laxman S/o Tima Dandgule
Hariba S/o Goma Pawar
R. M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
