Disposed

Dinkar S/O Sadashiv Thakare (Dead) through Lrs. Kamlabai Wd/O Dinkar Thakare and 2 Others v. Bhika S/O Sadashiv Thakare and Another

Bombay HC11 Dec 2023CAS/573/2020

Case brief

AI extract

What is this about?

Three consecutive order records regarding the High Court of Judicature at Bombay, Nagpur Bench, dispensing with formal heads. They addressed condonation of delay, substitution of legal representatives for deceased parties, and permission to amend pleadings in Civil Applications Nos. 572-574/2020.

What did the court decide?

Condonation of delay in bringing legal representatives; substitution of names; permission for amendment within two weeks.

Dinkar S/O Sadashiv Thakare (Dead) through Lrs… — Succession and Inheritance | Bombay HC (2023)

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1 20 sa 379-2019

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

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CIVIL APPLICATION (CAS) NO.572/2020 IN

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SECOND APPEAL NO.379/2019

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Dinkar s/o Sadashiv Thakre (dead) thr. LR’s Kamalabai wd/o Dinkar Thakre and others Vs.

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Bhika s/o Sadashiv Thakre and another

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

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- - - - Shri A.B. Bhide, Advocate for appellants

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Shri S.K. Bhattacharya, Advocate h/f Shri N.S. Warulkar, Advocate for respondents

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CORAM : SMT. M.S. JAWALKAR, J. DATED : 11/12/2023

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The present application is filed for condonation of delay in filing application for bringing legal representatives of deceased respondent No.1 on record. One of the legal representative Radhabai wd/o Bhika Thakre is already there as respondent No.2. There is delay of 47 days. For the reasons mentioned in paragraph No.2 of the application, application is allowed.

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Delay in filing application for setting aside abatement and bringing legal representatives of respondent No.1 on record is hereby condoned.

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Abatement is set aside.

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The application stands disposed of.

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2 20 sa 379-2019

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CIVIL APPLICATION (CAS) NO.573/2020

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The present application is filed for bringing legal representatives of deceased respondent No.1 on record. For the reasons stated in the application, application is allowed.

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The applicants are permitted to substitute their names in place of respondent No.1 on record.

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Necessary amendment to be carried out within a period of two weeks. 4. The application stands disposed of accordingly.

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CIVIL APPLICATION (CAS) NO.574/2020

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The present application is filed for bringing legal representatives of appellant No.3 on record. It is submitted that appellant No.1 Kamlabai wd/o Dinkar Thakre died on 01/04/2020 i.e. during the Lockdown period of Covid-19 and appellant Nos.2 and 3 were her legal heirs who were already on record. However, appellant No.3 Satish Dinkar Thakre also expired on 04/09/2020 leaving behind his legal representatives mentioned in paragraph No.2 of the application.

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3 20 sa 379-2019

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Though, respondents opposed the application, as right to sue survives, I am inclined to allow the application. Accordingly, application is allowed.

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Permission is granted to delete the name of appellant No.3 and to bring the names of legal representatives of appellant No.3 on record.

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Necessary amendment to be carried out within a period of two weeks.

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The application stands disposed of accordingly.

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SECOND APPEAL NO.379/2019

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Shri S.K. Bhattachrya, learned Counsel waives notice for legal representatives of respondent No.1.

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JUDGE

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R.S. Sahare

Dinkar S/O Sadashiv Thakare (Dead) through Lrs. Kamlabai Wd/O Dinkar Thakare and 2 Others v. Bhika S/O Sadashiv Thakare and Another

Case brief

What is this about?

What did the court decide?

Dinkar S/O Sadashiv Thakare (Dead) through Lrs. Kamlabai Wd/O Dinkar Thakare and 2 Others v. Bhika S/O Sadashiv Thakare and Another

Case brief

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What did the court decide?

What the court decided

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