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Bombay High CourtCA/508/2015admittedallowedgrantedrule absolute

Himmat Dhuda Patil And Others v. Arjun Ananda Koli And Others

2015-03-20Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.508 OF 2015 IN SECOND APPEAL STAMP NO.13947 OF 2014 HIMMAT DHUDA PATIL AND OTHERS APPLICANTS

VERSUS

ARJUN ANANDA KOLI AND OTHERS RESPONDENTS Mr.A.G.Magare, Advocate for the applicants.

Mr.S.V.Natu, Advocate for the respondents.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 20/03/2015 PER COURT :

1.

Application is for bringing the LR's of deceased respondent No.3 on record. Delay is of 369 days. Reasons are set out in the application.

2.

Mr.Natu, learned Advocate appears on behalf of the proposed respondents, who are legal heirs of respondent No.3 and opposes the said application. He submits that the delay is not properly explained. 3.

In the light of the above, this civil application is allowed. Delay of 369 days is condoned subject to the applicants depositing an amount of Rs.5,000/- (Rs.Five thousand only) in this Court within a khs/March 2015/508-15 (d)

period of 4 (four) weeks from today. Thereafter, the applicants shall bring on record the legal representatives of deceased respondent No.3.

4.

Mr.Natu submits that the said amount be donated to the High Court Advocates' Bar Library, Aurangabad.

5.

As such, the applicants shall deposit the costs, as directed above, with the High Court Advocates' Bar Library, Aurangabad, failing which, this order shall stand recalled and the civil application shall stand rejected.

( RAVINDRA V. GHUGE, J.) khs/March 2015/508-15 (d)