Shri. Dilip Ambadas Girashe (Thr. Poa Shri. Snakarrao Pandurang Waghere) v. Chandarnana Bendkuli (Decd.) Thr. G.C Bendkuli, Decd. Thr. 1.Smt. Bhavdadabai Gopal Bendkuli And Or

5-CA537-17.doc Sonali Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 537 OF 2017 IN SECOND APPEAL (St) NO.21177 OF 2016 Mr. Dilip Ambadas Girashe ...

Appellants/Appellant Vs.

Chandarnan Bendkuli (deceased) through G.C.Bendkuli (deceased) through legal heirs and Ors.

..

Respondents Mr.Suresh M. Kamble, for Applicant.

Ms.Rupali L. Dhivar i/b. Baujbaware, for Respondent No.1,3,4 & 5.

CORAM : M.S.KARNIK, J.

DATE : 19th July, 2019 P.C. :

1.

This is an application for taking the legal heirs of deceased Respondent No.16(e) on record. In the application it is stated that Respondent No.16-e died on 28/09/2005. It is stated that the applicant Nos.16-e(1), 16-e(2), 16-e(3), 16-e(4) and 16-e(5) are the legal heirs of 16(e). There is delay of 11 years and 14 days for filing the present application. Today, the Advocate is 1/2

5-CA537-17.doc present for Respondent No.1,3,4 and 5. The other Respondents have not appeared despite service of notice. In this view of the matter, for the reasons mentioned in the application the delay in filing the appeal deserves to be condoned. The application is allowed in terms of prayer clause (a) and (b). Consequently amendments to be carried out within a period of two weeks from today.

2.

The Civil Application is disposed of.

(M.S.KARNIK, J.) 2/2