The High Court of Nagpur bench allowed Civil Applications filed for condonation of delay and setting aside abatement to bring legal heirs of a deceased respondent on record.
Delay in bringing legal heirs on record was condoned; abatement was set aside; applicants permitted to bring legal heirs on record.
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.
2023:BHC-NAG:17368
1
3-CAS 647-23 in SA 562-05.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAS) NO. 647 OF 2023 IN
SECOND APPEAL NO. 562 OF 2005
SMT MATHURABAI ATAMARAM DHENGALE AND ORS.
...VERSUS…
SAKHARAM MOTIRAM THAKRE AND ORS.
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.
Shri C.A.Joshi, Advocate for appellants/applicants.
Shri Omkar Ghare, Advocate h/f. Shri A.M.Ghare, Advocate for respondent no. 1.
CORAM : SMT. M. S. JAWALKAR,J. DATE : 19th DECEMBER , 2023
Heard.
2
3-CAS 647-23 in SA 562-05.odt
CIVIL APPLICATION (CAS) NOS. 648/2023 & 649/2023
The present applications are filed for setting aside abatement and for bringing the legal heirs of respondent no. 1(A) on record.
SECOND APPEAL NO. 562 OF 2005
After amendment is carried out, issue notice on merit to the proposed legal heirs of respondent no. 1(A).
(Smt. M.S. Jawalkar, J.)
B.T.Khapekar
1 issue framed by the court
Whether delay in bringing legal heirs of a deceased party on record can be condoned.
Smt Mathurabai Atamaram Dhengale and Ors.
Sakharam Motiram Thakre and Ors.
Smt. M. S. Jawalkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
