Shrikrishna Shankar Shedage And ORS v. Tanaji Ganapat Shedage And ANR

CRP 1 26-CAW-2133-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2133 OF 2018 IN WRIT PETITION NO. 19 OF 2016 Shrikrishna Shankar Shedage & Ors.

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Applicants V/s.

Tanaji Ganpat Shedage & Anr.

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Respondents Mr. Ravi Shinde, for the Petitioners.

Mr. Nikhil Vidwans, for the Respondent No.1.

CORAM : A. S. GADKARI, J.

DATE : 19th JUNE, 2019.

P.C.:- 1] This is an application for bringing the legal heirs of petitioner No.4 on record. It is stated that, the petitioner No.4 i.e. Ramesh Shankar Shedage passed away on 15/03/2014. There is a delay of 548 days in filing the present Civil Application. 2] The learned counsel appearing for the respondents, vehemently opposed the application and submitted that, the proper explanation has not been given by the applicant for condonation of delay.

3] However, for the reasons stated in the application and in the interest of justice, the said delay is condoned subject to condition that the applicants shall pay the cost of Rs.1,000/- to the High Court 1/2

CRP 2 26-CAW-2133-2018.doc Legal Aid Committee.

4] In view thereof, delay is condoned, abatement is set aside and the application is allowed in terms of prayer clause (c). 5] Necessary amendment be carried out within a period of three weeks from today and an amended copy of the petition be served upon the learned counsel for the respondents. 6] Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2