DR. PREMKUMAR JIVRAJ TOSHNIWAL AND OTHERS v. ZAKIR HUSSAIN AJGAR ALI AND OTHERS
CAS/601/2025 · 2025-11-10
Shri Rohit Wasudeo Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62468 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62468 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 43 SA 38.22.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION
NO. 602 OF 2025 AND 601 OF 2025
IN SECOND APPEAL NO.38 OF 2022
Dr. Premkumar Jivraj Toshnil (Dead) thru. LRs. Sau Meena and ors. Vs. Zakur Husain Ajgar Ali (Dead) thru. LR’s Sakinabai and ors. Office Notes, Office Memoranda of
Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S. Y. Deopujari, Advocate for appellants. Mr. I. A. Fidvi, Advocate for respondent Nos. 1(i), (ii), 2, 3 and 4.
CORAM : ROHIT W. JOSHI, J.
DATE : 10.11.2025. . These are applications filed by the applicants/appellants for condonation of delay and for setting aside abatement and permission to bring the legal representatives of respondent No.3 on record.
2. There is a delay of around 120 days in filing the application for bringing the legal representatives of deceased respondent No.3 on record.
3. Although the learned Advocate for the proposed legal representatives opposes the application, the contents of the applications, which are supported by affidavit are not controverted by filing reply.
4. Perusal of the contents of the applications will show that the delay is sufficiently explained. In the result, the applications are allowed by condoning the delay in filing the application for bringing legal representatives of respondent No.3 on record, abatement
2 43 SA 38.22.odt of the appeal against respondent No.3 is set aside and permission is granted to bring the names of legal representatives of deceased respondent No.3 on record.
5. Necessary amendment be carried out on or before 20.11.2025.
(ROHIT W. JOSHI, J.) Tanmay...