Legal representatives sought condonation of delay in joining themselves to a pending second appeal and setting aside its abatement after the appellant's death. The court condoned the 1430-day delay, set aside abatement, permitted the appeal to be pursued, and continued the earlier interim stay.
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1-CAS-370-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .
CIVIL APPLICATION NO. 370 OF 2023 IN SECOND APPEAL NO. 404 OF 2009
(Anandrao Natthuji Tarankar Vs. Nandlal Hemandas Sahajramani)
(Applicant – Smt. Suman wd/o Anandrao Tarankar)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions
and Registrar's Orders.
Court's or Judge's orders.
Shri S.K. Chaware, Counsel for the LRs of the applicant/
appellant.
Shri G.I. Dipwani, Counsel for the non-applicant/respondent.
CORAM : ANIL L. PANSARE, J.
APRIL 22, 2024.
By present application, one of the legal
representatives, namely, Smt. Suman, is seeking to
condone delay in filing application for bringing on record
the legal representatives of the appellant.
2]The learned Counsel for the applicant
submits that the appellant, late Anandrao, never disclosed
about pendency of Court cases to any of his family
members to which the learned Counsel for the non-
applicant has invited my attention to the written
statement filed by the appellant before the trial Court,
wherein the appellant has averred that the
respondent/non-applicant pressurized him (appellant) to
ask his son to withdraw the proceedings initiated by him
(son) against the respondent/non-applicant. The learned
Counsel for the non-applicant accordingly contends that
the son was aware of pendency of cases.
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1-CAS-370-2023
3]To my mind, to jump to such a conclusion is
something which is beyond what has been stated in the
written statement. The appellant has averred about the
proceedings initiated by his son against the respondent/
non-applicant. He has not stated anything about
pendency of present case.
4]In view of above and for the reasons set out
in the application, the same is allowed. Delay of 1430
days in filing application for setting aside abatement and
bringing legal representatives of the deceased appellant
on record, is condoned.
5]The Civil Application is disposed of.
CIVIL APPLICATION NOS. 369/2023 AND 371/2023 IN SECOND APPEAL NO. 404/2009
6]By present applications, the legal
representatives of the appellant are seeking to set aside
abatement of appeal and to permit them to pursue the
appeal.
7]For the reasons set out in the applications,
the same are allowed as prayed for. The applicant shall
carry out necessary amendment in the cause title and
serve amended copy upon the respondent/non-applicant.
8]The Civil Applications are disposed of.
SECOND APPEAL NO. 404 OF 2009
9]Considering the substantial questions of law,
as formulated, it will be not only appropriate but
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1-CAS-370-2023
necessary to continue the interim stay granted by this
Court vide order dated 16/10/2009. Order accordingly.
10]List after vacation.
(ANIL L. PANSARE, J.)
Sumit
3 issues framed by the court
Whether delay of 1430 days in filing application to bring legal representatives on record should be condoned.
Whether abatement of the second appeal should be set aside.
Whether interim stay granted on 16/10/2009 should continue.
Anandrao Natthuji Tarankar
Nandlal Hemandas Sahajramani
Smt. Suman wd/o Anandrao Tarankar
Anil L. Pansare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court