Allowed

Vistarbai W/O Vitthal Santoshwar and Another v. Vilas S/O Namdeo Wadettiwar

Bombay HC29 Nov 2023CAS/302/2022

Case brief

AI extract

What is this about?

Three civil applications before the Nagpur Bench were heard by Justice M.S. Jawalkar. Cas No. 302 sought to set aside abatement; Cas No. 303 sought condonation of a 1200-day delay; Cas No. 304 sought to bring legal representatives on record. The court allowed all three applications, setting aside abatement, condoning the delay, and permitting the substitution.

What did the court decide?

Abatement set aside; 1200-day delay condoned; Legal representatives permitted on record with order to amend and issue notice within two weeks.

Vistarbai W/O Vitthal Santoshwar and Another… — Civil Procedure and Limitation | Bombay HC (2023)

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5 sa 202-2003.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. 302/2022 IN SECOND APPEAL NO. 202/2003

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Vistarbai W/o Vitthal Santoshwar and another

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Vs.

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Vilas Namdeo Wadettiwar

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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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Shri S.K. Bhoyar, Advocate for appellants

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CORAM : SMT. M.S. JAWALKAR, J. DATE : 29/11/2023

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In spite of service, none appeared for legal representatives of respondent.

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Present application is filed for setting aside abatement against respondent. For the reasons stated in the application that after issuance of notice on 15/01/2021, the appellant No.2 came to know about the status of the matter. The appellant has engaged new counsel who filed Vakalatnama on 15/09/2021. Till filing of Vakalatnama on 15/09/2021, no steps were taken to bring legal

Jayashree..

5 sa 202-2003.odt

representatives of respondent No.1. Accordingly, appeal was abated. This application is filed for setting aside abatement.

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For the reasons stated in the application, I am satisfied that abatement needs to be set aside. Accordingly, application for setting aside abatement against respondent No.1 is allowed.

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4. Application stands disposed of.

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CIVIL APPLICATION (CAS) NO. 303/2022

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Present application is filed for condonation of delay in filing application for bringing legal representatives on record. There is delay of 1200 days, Though legal representatives of respondents are served, they failed to appear. As such, for the reasons stated in the application, I am satisfied that the delay in filing application for bringing legal representatives are sufficiently explained. Accordingly, application is allowed.

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Delay in filing application for bringing legal representatives, is hereby condoned.

Jayashree..

5 sa 202-2003.odt

Application stands disposed of.

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CIVIL APPLICATION (CAS) NO.304/2022

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Present application is filed for bringing legal representatives of respondent on record.

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For the reasons stated in the application, the application is allowed.

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Respondent No.1(a) is permitted to be taken on record in place of respondent.

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Necessary amendment to be carried out within

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two weeks.

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After amendment is carried out, issue notice to the legal representatives of respondent.

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Application stands disposed of.

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

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Jayashree..

Vistarbai W/O Vitthal Santoshwar and Another v. Vilas S/O Namdeo Wadettiwar

Case brief

What is this about?

What did the court decide?

Vistarbai W/O Vitthal Santoshwar and Another v. Vilas S/O Namdeo Wadettiwar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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