Disposed

Anandrao S/O Tejram Selokar and Anr. v. Sudhakar S/O Tejramji Selokar

Bombay HC30 Oct 2023CAS/16/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench, allowed three civil applications filed by the appellants. The court condoned a delay in setting aside abatement, set aside the abatement, and permitted the filing of legal representatives for the respondent. One application was noted for filing a fresh affidavit regarding counsel's appearance.

What did the court decide?

Allowed condonation of delay, set-aside abatement, and permitted Legal Representatives of Respondent No. 1 on record. Issued notice for fresh affidavit regarding Vakalatnama.

Anandrao S/O Tejram Selokar and Anr. Vs… — Civil Procedure and Limitation | Bombay HC (2023)

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6 sa 302-2011.odt

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

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CIVIL APPLICATION (CAS) NO. 15/2023 WITH CIVIL APPLICATION (CAS) NO. 16/2023 WITH CIVIL APPLICATION (CAS) NO. 17/2023 IN

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SECOND APPEAL NO. 302/2011

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Anandrao Tejramji Selokar and another Vs.

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Sudhakar Tejramji Selokar

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions ers and Registrar's ord

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- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - Ms Tejal Agre, Advocate h/f Shri S.P. Bhandarkar, Advocate for appellants

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CORAM : SMT. M.S. JAWALKAR, J. DATE : 30/10/2023

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In spite of waiving notice, none appeared for the proposed legal representatives, though reply is filed.

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CIVIL APPLICATION (CAS) NO. 15/2023

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Present application is filed for condonation of delay and for setting aside abatement against respondent No.1. There is delay of 544 days in filing application.

Jayashree..

6 sa 302-2011.odt

Learned Counsel has drawn my attention to the additional affidavit filed on 04/10/2023, wherein, delay is explained that they were not aware that earlier Advocate have not taken any step to bring legal representative of respondent. The reasons stated in the application supported with affidavit. I am satisfied that there is no intentional or deliberate delay in filing application for setting aside abatement and for bring legal representatives on record. As such, application is allowed.

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Delay in filing application for setting aside abatement and bringing legal representatives on record is hereby condoned.

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Abatement is set aside.

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CIVIL APPLICATION (CAS) NO. 16/2023

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Present application is filed for bringing legal representatives of respondent No.1. Application is supported by affidavit and death certificate.

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None for the respondent.

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As right to sue survives, the application is

Jayashree..

6 sa 302-2011.odt

allowed. The appellants are permitted to bring on record name of legal representatives of respondent No.1, as mentioned in paragraph No.3 of the application.

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Application is allowed.

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Necessary amendment to be carried out within a period of one week.

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CIVIL APPLICATION (CAS) NO. 17/2023

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Learned Counsel to file fresh affidavit stating therein, when learned Counsel has filed Vakalatnama in the matter.

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(SMT. M.S. JAWALKAR, J.)

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Jayashree..

Anandrao S/O Tejram Selokar and Anr. v. Sudhakar S/O Tejramji Selokar

Case brief

What is this about?

What did the court decide?

Anandrao S/O Tejram Selokar and Anr. v. Sudhakar S/O Tejramji Selokar

Case brief

What is this about?

What did the court decide?

What the court decided

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