Mangala W/O Jagdeo Rayane vs Surekha @ Rekha Shivaji Dhore And Others
2024 Latest Caselaw 423 Bom

Bombay High Court

Mangala W/O Jagdeo Rayane vs Surekha @ Rekha Shivaji Dhore And Others on 9 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

2024:BHC-NAG:332
                                                         -1-                         40.CAS.513.2023.odt



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

            CIVIL APPLICATION (CAS) NOS. 513/2023, 514/2023, 515/2023 &
                                    516/2023
                                       IN
                     CIVIL APPLICATION (CAS) NO 682 OF 2021
                                       IN
                      SECOND APPEAL ST. NO. 10367 OF 2020
                                       Mangala w/o. Jagdeo Rayane
                                                  Vs.
                                  Surekha @ Rekha Shivaji Dhore & Ors.
        **********************************************************************************************
        Office Notes, Office Memoranda of Coram,                    Court's or Judge's orders
        appearances, Court's orders of directions
        and Registrar's orders
        **********************************************************************************************
                               Mr. A.M. Tirukh, Advocate for the Appellant.
                               Mr. N.B. Kalwaghe, Advocate for Respondent Nos.4 to 7 & proposed L.Rs. of
                               Respondent Nos.9(i) to 9(v).


                                         CORAM : G. A. SANAP, J.

DATED : 9th JANUARY, 2024.

The appellant/original defendant No.5 has prayed under these applications for condonation of delay caused in filing an application for setting aside the abatement, for setting aside the abatement of the appeal against respondent No.9 (original defendant No.7) and for bringing the legal heirs of deceased-respondent No.9 on record in her place.

2. Learned advocate appearing for the legal heirs of deceased-respondent No.9 submits that he has no serious objection for granting the prayers made in all these applications.

3. Respondent No.9 died on 6th October, 2014 during the pendency of the first appeal. The first appeal was finally heard on 11th December, 2014 and decided finally by judgment

-2- 40.CAS.513.2023.odt

and order dated 19th December, 2014. Learned advocate for the appellant submits that on the date of the judgment and order, the first appeal had not abated qua respondent No.9. Learned advocate submits that the appellant did not inform him about the death of respondent No.9. He came to know about the death on perusal of the bailiff report to that effect. It is submitted that in this situation, the delay has occurred.

4. On going through the record and proceedings and particularly bearing in mind the submissions advanced by learned advocate for the proposed respondents/legal heirs of respondent No.9, it would be just and proper to grant all these applications. Accordingly, all these applications are allowed.

5. The delay caused in filing an application for setting aside the abatement is condoned.

6. The abatement of the appeal qua respondent No.9 is set aside.

7. The appellant is allowed to bring on record the legal heirs of respondent No.9 as respondent Nos.9(i) to 9(v).

8. The order be complied within one week.

9. All applications are disposed of.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 10/01/2024 19:46:53