Dhanasingh Sarjerao Jagtap And ORS. v. Lalasaheb Babanrao Wable And ORS.

(22) CAW 1878-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1878 OF 2017 IN WRIT PETITION NO. 1178 OF 2016 Dhanasingh Sarjerao Jagtap & Ors.

.. Petitioners Vs.

Lalasaheb Babanrao Wable & Ors.

.. Respondents Mr. Dinesh P. Kolekar for the Petitioners.

Mr. Dilip Shinde i/b Nilesh Wable for the Respondent Nos.2 to 5. CORAM : A. S. GADKARI, J.

DATE : 29 th AUGUST, 2017.

P. C. :

1.

This is an application for bringing legal heirs of respondent No.1 on record. There is delay of 619 days in preferring the present application. Mr. Shinde, learned counsel holding or Mr. Nilesh Wable waives notice for respondent Nos.1(a) to 1(e) and submitted that the delay of 619 days has not been satisfactorily explained by the petitioner and if the Court is inclined to allow the application, the petitioner be imposed with costs.

2.

In view of the above and for the reasons mentioned in the application, the application is allowed in terms of prayer clauses 7(i) and (ii) subject to condition that the petitioner shall pay costs of Rs.2,000/- to the High Court Legal Aid Committee within a period of two weeks from 1/2

(22) CAW 1878-17 today. The payment of costs shall be condition precedent for allowing the application.

3.

Application is allowed in the above terms.

[A. S. GADKARI, J.] 2/2