The High Court allowed a Civil Application to bring legal heirs on record and condoned a delay of over four years, setting aside the abatement of the matter.
Condonation of delay of 4 years 362 days and setting aside abatement.
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2024:BHC-AS:13692
24-4cas1304-17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1304 OF 2017
IN
SECOND APPEAL NO.98 OF 2017
Ganpati Bahu Shinde, (through POA) Vilas Ganpati Shinde ... Applicant. Versus Hanif Rahiman Jamadar and Ors. ... Respondents.
Mr. Kalpesh Patil, the Applicants. Mr. S.A. Pandire i/by Mr.Bhushan Walimbe, for Respondent Nos.1 to 5 and 13A. —————
Coram : Sharmila U. Deshmukh, J. Date : March 20, 2024.
P. C. :
1. Civil Application has been preferred for bringing the legal heirs of deceased-Respondent No.13A on record and for condonation of delay of 4 years 362 days caused in preferring the Civil Application and for setting aside abatement.
2. Learned counsel appearing for the Respondent Nos.1 to 5 and 13A does not seriously oppose the Application.
3. For the reasons stated in the Application, the delay is condoned and the abatement is set aside. Civil Application stands allowed. Amendment to be carried out within period of two weeks from today.
[Sharmila U. Deshmukh, J.]
sa_mandawgad
1 of 1
Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/03/2024 14:49:49
2 issues framed by the court
Whether civil application for bringing legal heirs on record and condoning delay can be allowed by condoning the delay of four years and three months.
Whether abatement of the appeal can be set aside.
2 provisions across 2 enactments
Ganpati Bahu Shinde
Hanif Rahiman Jamadar
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
