The court condoned a delay of 322 days in setting aside abatement caused by the death of the appellant in a second appeal. The legal heirs were allowed to be brought on record.
Delay condoned; abatement set aside; legal heirs brought on record.
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-1- 17.SA.282.2018.odt
2024:BHC-NAG:3233
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
C IVIL APPLICATION (CAS) NO. 133 OF 2024 AND
C IVIL APPLICATION (CAS) NO. 134 OF 2024 AND C IVIL APPLICATION (CAS) NO. 135 OF 2024 IN
SECOND APPEAL NO. 282 OF 2018
Gangadhar S/o. Mahadeo Shejole
Vs.
Smt. Subhadrabai wd/o. Ramrao Shejole & Ors.
Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions
and Registrar's orders
********************************************************************************************** Mr. Saumitra Kanetkar, Advocate h/f. Mr. S.G. Joshi, Advocate for the Appellant.
Mr. A.J. Thakkar, Advocate for Respondent Nos.4(c) & 5(b).
CORAM : G. A. SANAP, J. DATED : 15th MARCH, 2024.
. It is stated in the applications that the appellant died on 20th February, 2021. The applicants are his legal heirs. It is stated that for want of proper information and instructions, the application could not be made within limitation, and as such, the appeal has abated. There is delay of 322 days in setting aside the abatement.
-2- 17.SA.282.2018.odt
Vijay
Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 15/03/2024 18:31:29
1 issue framed by the court
Whether the delay of 322 days in filing an application to set aside abatement on account of the appellant's death ought to be condoned?
Gangadhar S/o. Mahadeo Shejole
Smt. Subhadrabai wd/o. Ramrao Shejole & Ors.
G. A. SANAP
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
