Sou.Shobha Nanaji Shinde (Poa) G.P.A.Nanaji Narayan Shinde vs. Shri.Prashant Pannalaji Karnawat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION No. 59 OF 2018 IN CIVIL APPLICATION No. 1165 OF 2017 IN SECOND APPEAL No. 133 OF 2002

Dattatraya Ambadas Narute ...Applicant

Versus

Champabai W/o. Ambadas Narute since deceased through legal heirs Raosaheb Rangnath Narute & Ors. ...Respondents

…… Mr.Dhananjay K. Chavan for the Applicant. Mr. R.B.Kulkarni for Respondent Nos. 1A to 1D.

……

P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Civil Application No. 59 of 2018 is moved for restoration of Civil

Application No. 1165 of 2017 in Second Appeal No. 133 of 2002.

Trupti p503-cao-59-18.doc

3. The learned Counsel for the applicant submits that respondent no.1 i.e., original plaintiff expired on 12th January, 2017. Thereafter, the applicant had taken out Civil Application No. 1165 of 2017 on 10th March, 2017 for bringing legal heirs of respondent No. 1 on record. The said application was filed within the stipulated time, however, the said application was dismissed for default by order dated 8th November, 2017 passed by this Court. Hence, he prays that the order dated 8th November, 2017 of dismissing the Civil Application No. 1165 of 2017 be set aside. There is a delay of 39 days in filing the present Civil Application and hence, he prays that the delay be condoned.

4. The learned Counsel for respondent nos. 1A to 1D i.e., proposed legal heirs of respondent no.1, is present.

5. In view of the above submission, the order dated 8th November, 2017 of dismissing the Civil Application No. 1165 of 2017 is hereby set aside and it is restored to its original file. Delay of 39 days in filing the application is condoned.

• 6. Civil Application is allowed and is accordingly disposed of.
• 7. Civil Application No.1165 of 2017 is fixed on 9th March, 2018.

(MRIDULA BHATKAR, J.)