Single judge allowed interim application for condonation of delay. Permission granted to set aside abatement of appeal for deceased respondent and include legal representatives.
Delay of 2 years 7 months condoned; abatement set aside for deceased respondent; permission granted to file legal representatives.
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P.H. Jayani 06 IA12420.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 12420 OF 2024 IN
SECOND APPEAL NO. 483 OF 1999
Ankush Shahu Doke (since deceased through legal heirs) : Gangubai Ankush Doke (name deleted) Bapu Mahipati Kadam …. Applicant Vs. Ramchandra Shivlal Doke (since deceased through legal heirs) : Vishnu Ramchandra Doke and ors. …. Respondents
Mr. Ashok B. Tajane for the Applicant/Appellant. Mr. Devidas Jadhav for proposed legal representatives of deceased Respondent No.3. Mr. Abhishek P. Deshmukh a/w. Adv. Samiksha Mane i/b. Mr. S.A. Sawant for Respondent No.4.
CORAM : SHYAM C. CHANDAK, J.
DATED : 13th SEPTEMBER, 2024
P.C. :-
. Rule. Rule made returnable forthwith and with consent of the
learned counsel for the parties, heard finally.
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P.H. Jayani 06 IA12420.2024.doc
Mr. Deshmukh, learned Advocate for Respondent No.4. Perused the Application.
(a) Interim Application No.12420 of 2024 is allowed.
(b) The delay of 02 years and 07 months in filing this Interim Application is condoned.
(c) Abatement of Appeal to the extent of deceased Respondent No.3 is set-aside.
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P.H. Jayani 06 IA12420.2024.doc
(d) Appellant is permitted to bring on record the proposed legal representatives of deceased Respondent No.3. (e) Amendment be carried out within a period of two weeks. Amended copy of the Appeal memo be placed on record with advance copy to the other side.
made absolute.
PREETI HEERO JAYANI
(SHYAM C. CHANDAK, J.)
Digitally signed by PREETI HEERO JAYANI Date: 2024.09.18 19:07:25 +0530
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1 issue framed by the court
Whether the delay of 2 years and 7 months in filing an interim application seeking condonation of abatement should be condoned.
Ankush Shahu Doke (since deceased through legal heirs)
Gangubai Ankush Doke
Bapu Mahipati Kadam
Vishnu Ramchandra Doke
SHYAM C. CHANDAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
