Disposed¶25

Vitthalrao S/O. Dayaramji Durge v. Dilip S/O. Ramji Deshmukh and Others

Bombay HC21 Jan 2025CAS/909/2024

Case brief

AI extract

What is this about?

Condonation of delay; setting aside abatement; bringing legal heirs of deceased respondent Namdeorao Kisanji Ladekar on record; Second Appeals Nos. 308, 309 and 310 of 2016; Vitthalrao S/o Dayaramji Durge v. Dilip S/o Ramaji Deshmukh and others; Bombay High Court Nagpur Bench; interlocutory order dated 21.01.2025 by Smt. M.S. Jawalkar, J.; amendment within one week; notice waived by K.P. Dharshivkar for legal heirs; CAS Nos. 906-908/2024 listed for orders on 31.01.2025.

What did the court decide?

Delay in filing the application for bringing legal heirs on record condoned; abatement set aside; appellant permitted to bring the legal heirs of deceased respondent Namdeorao Kisanji Ladekar on record; amendment directed within one week; notice waived for the legal heirs. ¶25

Vitthalrao S/O. Dayaramji Durge Vs Dilip S/O. Ramji Deshmukh and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay in filing the applications for bringing the legal heirs of the deceased respondent Namdeorao Kisanji Ladekar on record ought to be condoned, abatement set aside, and the legal heirs brought on record.

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Court's answer

The civil applications are allowed and the delay caused in filing the application for bringing legal heirs on record is condoned.

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Ratio / Principle

Abatement is set aside.

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Key takeaways

The appellant is permitted to bring on record the legal heirs of respondent Namdeorao Kisanji Ladekar.ratio¶25
Amendment is to be carried out within a period of one week.ratio¶26
Notice on behalf of the legal heirs of respondent Namdeorao Kisanji Ladekar is waived by learned Advocate Mrs. K.P. Dharshivkar.ratio

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Smt. M.S. Jawalkar, J.), 21.01.2025: Allowed Civil Application (CAS) Nos. 909/2024, 910/2024 and 911/2024 in Second Appeal No.308/2016, CAS Nos. 605/2021, 606/2021 and 607/2021 in Second Appeal No.309/2016, and CAS Nos. 587/2022, 588/2022 and 589/2022 in Second Appeal No.310/2016, moved upon the reported death of respondent Namdeorao Kisanji Ladekar. Delay in filing the application for bringing legal heirs on record condoned; abatement set aside; appellant Vitthalrao S/o Dayaramji Durge permitted to bring the legal heirs of the deceased respondent on record; amendment directed within one week; notice on behalf of the legal heirs waived by Mrs. K.P. Dharshivkar. Applications disposed of; matters listed for orders on CAS Nos. 906/2024, 907/2024 and 908/2024 on 31.01.2025. Similar applications noted in other appeals pending before the Court filed by the deceased respondent.

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2025:BHC-NAG:673

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1 47-SA No.308.2016+2

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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SECOND APPEAL NO. 308 OF 2016

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Vitthalrao S/o Dayaramji Durge ..VS.. Dilip S/o Ramaji Deshmukh & others

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WITH

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SECOND APPEAL NO. 309 OF 2016

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Vitthalrao S/o Dayaramji Durge ..VS.. Dilip S/o Ramaji Deshmukh & others

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WITH

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SECOND APPEAL NO. 310 OF 2016

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Vitthalrao S/o Dayaramji Durge ..VS.. Dilip S/o Ramaji Deshmukh & others

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. A.C. Dharmadhikari, Advocate for appellant in all Second Appeals.

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Mr. P.A. Markandeywar, Advocate for respondent No.1 in SA No.308/2016, for respondent Nos.1, 2 &4 in SA No.309/2016 and for respondent No.1 & 2 in SA No.310/2016.

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Mrs. K.P. Dharshivkar, Advocate for respondent No.2 in SA No.308/2016 and for respondent No.3 in SA No.309/2016 and 310/2016.

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CORAM : SMT. M.S. JAWALKAR, J.

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DATED : JANUARY 21, 2025

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CIVIL APPLICATION (CAS) NOS. 909/2024, 910/2024 AND 911/2024 IN SECOND APPEAL NO.308/2016 AND

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CIVIL APPLICATION (CAS) NOS. 605/2021, 606/2021 AND 607/2021 IN SECOND APPEAL NO.309/2016 AND

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CIVIL APPLICATION (CAS) NOS. 587/2022, 588/2022 AND 589/2022 IN SECOND APPEAL NO.310/2016.

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Heard.

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It is submitted that respondent – Namdeorao Kisanji Ladekar is reported to be dead and therefore,

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2 47-SA No.308.2016+2

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these applications are moved for condonation of delay in filing application for bringing legal heirs, setting aside abatement and for bringing legal heirs of respondent – Namdeorao Kisanji Ladekar on record. The other appeals pending before this Court filed by said Namdeorao Kisanji Ladekar, in which a similar applications are moved.

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For the reasons stated in these applications, the applications are allowed. The delay caused in filing application for bringing legal heirs on record is condoned, abatement is set aside and appellant is permitted to bring on record the legal hairs of respondent Namdeorao Kisanji Ladekar.

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