Applicant in a second appeal sought to bring legal heirs of deceased Respondent No.2 on record, condone a 100-day delay and set aside abatement. Respondents did not oppose. Delay was condoned, abatement set aside, and application allowed with amendment within two weeks.
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2024:BHC-AS:15920
10-IA-ST-8429-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO.8429 OF 2024 IN
SECOND APPEAL NO.12 OF 2016
Pradip Gundhar Kole ...Applicant In the matter between Pradip Gundhar Kole ...Appellant. Versus Shri. Madhukar Bhimrao Khadke (Since Decd. Thr. LR’s) Nirmala Madhukar Khadke And Ors. ...Respondents.
Adv. Shraddha Pawar i/b Dilip Bodke for the Applicant. Adv. Sulajja Patil i/b Adv. Uday Nighot for Respondent Nos. 1 & 2.
——————
Coram : Sharmila U. Deshmukh, J. Date : April 3, 2024.
P. C. :
1. Interim Application has been preferred for bringing on record
the legal heirs of the deceased Respondent No. 2 and for condonation of delay of 100 days caused in filing the application and for setting aside the abatement.
2. Learned counsel Sulajja Patil appears for the proposed legal heirs of deceased Respondent No. 2 and does not oppose the application.
3. For the reason stated in the application, delay is condoned and
the abatement is set aside.
1 of 2
Harish
10-IA-ST-8429-2024.doc
4. Interim Application is allowed. Amendment to be carried out
[Sharmila U. Deshmukh, J.]
2 of 2
Harish Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 04/04/2024 11:25:55
1 issue framed by the court
Whether the 100-day delay in filing the application to bring legal heirs on record should be condoned and abatement set aside.
Pradip Gundhar Kole
Nirmala Madhukar Khadke
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court