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2011 DAILYLAW 1628 (BOM)

SMT, TARABAI WD/O CHANDRAKANT VIADYA (DEAD) THROUGH LRS. ARUN CHANDRAKANT VAIDYA AND OTHERS v. SHRI DYANESHWAR S/O PUNJARAMJI AKARE AND OTHERS

CAS/541/2021 · 2026-08-21

Civil Appealbody2011

Judgment text

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1 sa98.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.S. NOS.541/2021, 540/2021 & 542/2021 IN SECOND APPEAL NO.98/2011 Smt. Tarabai Wd/o Chandrakant Vaidya through L.Rs. Arun Chandrakant Vaidya and others ..V/s.. Dyaneshwar S/o Punjaramji Akare and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. M. N.S. Hiwase, Counsel for the appellants. Ms. S.P. Giratkar (Giripujne), Counsel for respondent Nos.12, 13(i), 13(ii) 14 and 15. Mr. Y.J. Maheshwari, Counsel for respondent Nos.2(a) and 2(b). CORAM : MRS. VRUSHALI V. JOSHI, J. DATED : 21.8.2026. These applications are filed for condonation of delay, setting aside abatement and bringing on record legal heirs of respondent No.2. As nobody was appearing for respondent No.2, the appellants were not aware about the death of respondent No.2 and, therefore, there is delay of 376 days. Considering the reasons given in the application, delay is condoned. Abatement is set aside and legal heirs respondent No.2 are permitted to be brought on record. The proposed legal heirs are already served and they are appearing through Counsel. The appellants to carry out the amendment within a period of two weeks. Applications stand disposed of. C.A.S.543/2021 2. This is an application filed for deletion of name of respondent No.10. The applicants have stated that respondent No.10 Deokbai died on 29.5.2019 and 2026:BHC-NAG:10931 2 sa98.2011 her legal heirs are already on record and, therefore, prayed to delete her name. 3. Permission granted. 4. The applicants to carry out the amendment within a period of two weeks. Application stands disposed of. SECOND APPEAL NO.98/2011 5. Stand over after three weeks. (MRS. VRUSHALI V. JOSHI, J.) Tambaskar. Signed by: MR. N.V. TAMBASKAR Designation: Senior Pvt. Secretary Date: 21/08/2026 18:10:31