Basweshwar Baburao Chothave (Through His Lrs.) v. Baburao Ramchandra Chothave And ANR.

P.H. Jayani 31 CAW1538.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1538 OF 2016 IN WRIT PETITION NO. 5165 OF 1995 Basweshwar Baburao Chothave (since deceased through legal heirs) :

Shahanamma Basweshwar Chothave & Ors.

....Applicants V/s.

Ramchandra Apparao Karale (since deceased) :

Bhimashankar Dharmappa Bhogade ....Respondent Mr. Shrishail Sakhare for the applicants/petitioners. Ms. Vrushali Raje i/b. Mr. P.N. Joshi for respondent no.1. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 07th JANUARY, 2019.

P.C.:

.

Heard the learned counsel for the respective parties. 2.

By this application, the applicants have sought to condone the delay of 8 years and 72 days in filing the aforesaid Civil Application and for bringing on record legal heirs of deceased petitioner no.2. 3.

In view of the reasons stated in paragraph 3 of the application, which in my considered view, constitute sufficient ground, delay is condoned. Abatement is set aside. Legal representatives of petitioner 1/2

P.H. Jayani 31 CAW1538.16.doc no.2 are ordered to be brought on record. Cause title be amended accordingly.

4.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2