Single-judge interim order allowing legal heirs of a deceased appellant to apply for abatement of a second appeal after a delay of over 11 years, finding sufficient cause for the delay and ordering amendment within two weeks.
Interim Application allowed; Amendment to be carried out within two weeks.
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2024:BHC-AS:7930
1non-ia4818-24
sa_mandawgad
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST.) NO.4818 OF 2024 IN
SECOND APPEAL NO.172 OF 2011
Smt. Parvati Shankar Nimbalkar and Ors. … Applicants. In the matter between: Shankar Vithoba Nimbalkar … Appellant. Versus Mrs. Lalita Suresh Gugale … Respondent.
Mr. Nitin Muley, for Applicants.
Mr. Chaitanya B. Nikte a/w Mr.Ritvij Atul Kale i/by Mr.Prajit S. Sahane, for the Respondent.
CORAM : SHARMILA U. DESHMUKH, J. DATE : FEBRUARY 16, 2024
P. C.:
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1non-ia4818-24
were not aware that the fact of the death of the original-Appellant would have to be brought to the notice of their Advocate. He further submits that it is only when the matter was listed on final hearing board that the contact was established and they informed the Advocate about the death of the original-Appellant. He submits that after the Appeal has been admitted in the year 2011, there was no communication and as such, there is a delay in filing the present Application.
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be obtained and as such communication is established.
(Sharmila U. Deshmukh, J.)
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Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 17/02/2024 17:09:17
2 issues framed by the court
Whether the delay of 11 years and 68 days in filing an application to abate a proceeding due to the death of the appellant should be condoned.
Whether sufficient cause exists to condone the delay by legal heirs unaware of the appeal proceedings until the final hearing board listing.
SMT. PARVATI SHANKAR NIMBALKAR AND ORS.
MRS. LALITA SURESH GUGALE
SHARMILA U. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
