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Bombay High CourtCAS/234/2013allowed

Sushila @ Seetabai Rajaram Jadhav v. Nivrutti Sitaram More Since Decd Kamlabai Nivrutti More And ORS

2015-06-12Hon'Ble Shri Justice Ravi K. Deshpande2 pages

1206ca234.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.234 of 2013 In Second Appeal No.285 of 2011 Sushila @ Seetabia Rajaram Jadhav ... Applicant

Versus

Shri Nivrutti Sitaram More, since deceased, through his LR. Kamlabai Nivrutti More, since deceased, through her LRs. Sitaram Nivrutti More and others ... Respondents Shri Rajesh N. Kachare, Advocate for Applicant. Coram : R.K. Deshpande, J.

Dated : 12 th June, 2015 P.C.:

Civil Application No.234 of 2013 :

By this application, the applicant seeks condonation of delay of 3 years and 280 days caused in bringing the legal heirs of the respondent Nos.1(a)(1) to 1(a)(10) on record. The applicant further seeks permission to bring the names of the legal representatives of the respondent No.1(a) on record. The learned counsel for the applicant submits that the legal representatives of the respondent No.1(a) are already on record and this is the formal application which has been made.

In view of the fact that the legal representatives of the respondent No.1(a) are already arrayed as the

1206ca234.13.odt respondents and there are no other legal representatives, the application needs to be allowed.. Hence, the civil application is allowed. The delay caused in bringing the legal representatives of the respondent No.1(a), is condoned. The names of the legal representatives of the respondent No.1(a) are permitted to be brought on record.

The civil application is disposed of.

Civil Application No.893 of 2015 :

For the reasons stated in the application, the delay of 251 days in filing the present application is condoned. The order passed by the Registrar (Judicial-II) dated 24-6-2014 is set aside and the appeal is restored against the respondent Nos.1(a)(9) and 1(j). The civil application is disposed of.

Second Appeal No.285 of 2011 :

Put up this matter on 10-7-2015.

(R.K.DESHPANDE, J.) PD Lanjewar