BHAGABAI BHIVSAN DABHADE Vs. GIRJUBA LAHANU GODSE

JUDGEMENT

(1.) By order dated 22.02.2017, this Court has issued the notice to respondent Nos.1, 2 and 4 for final disposal of the petition at the stage of admission. It further appears that though the respondents are duly served, none appears for them. The petitioner is the appellant (original defendant No.1) before the District Court in Regular Civil Appeal No.118 of 2014. During pendency of the said appeal, the respondent No.3-original plaintiff died and as such the petitioner has filed three applications (i) application for condonation of delay vide Exh.13, (ii) application for setting aside the abatement order vide Exh.14 and (iii) application to bring L.Rs. of respondent No.3 on record vide Exh.15. The learned District Judge No.13, Aurangabad by common order dated 16.06.2016 below Exh.13, 14 and 15 rejected the applications. Hence, this Writ Petition.

(2.) The learned counsel for the petitioner submits that respondent No.3 died on 25.01.2015 and the petitioner got the knowledge on 04.03.2015 when the respondents in the appeal filed the pursis to that effect. The learned counsel submits that thereafter the petitioner has inquired about the legal heirs of respondent No.3 from Gram Panchayat, Babhulgaon and she got the names of the legal heirs and accordingly she had filed an application on 03.02.2016 along with the delay condonation application seeking condonation of delay of 284 days.

(3.) The learned counsel submits that in a case Perumon Bhagvathy Devaswom Vs. Bhargavi Amma reported in 2009 (2) Mh.L.J. 1, the Supreme Court in paragraph No.8 of the order summarized the principles in considering the applications for setting aside the abatement. The learned counsel submits that the suit pertains to the immovable property about the declaration of ownership and a decree of perpetual injunction.