Sushila Kantrao Kale Lrs Laxmikant And Others v. Swayamprakash Rangnath Khadke

1 1430.2017CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

932 CIVIL APPLICATION NO.1430 OF 2017 IN SECOND APPEAL NO. 579 OF 2016 SUSHILA KANTRAO KALE LRS LAXMIKANT AND OTHERS

VERSUS

SWAYAMPRAKASH RANGNATH KHADKE ...

Advocate for Applicants : Shri Girish K. Thigale (Naik) Advocate for Respondent :Shri B.S. Kudale ...

WITH CIVIL APPLICATION NO.1429 OF 2017 IN SECOND APPEAL NO.580 OF 2016 CORAM : P.R. BORA, J.

Dated: August 07, 2018 PER COURT :- 1.

The present applications are filed for taking legal heirs of the deceased appellant on record. The delay of 67 days caused in filing the application is also sought to be condoned. In the application, it is averred that, the persons named in the application are the only legal heirs of the deceased appellant. Death certificate of the appellant is also filed on record. On perusal of the application, it is revealed that, the delay caused in submitting the application is sufficiently explained. In view of the above, the following order is passed.

2 1430.2017CA.doc Order (i) The Civil Applications are allowed.

(ii) The legal heirs of deceased appellant, as are mentioned in the applications, be taken on record. The necessary amendment be carried out within two weeks. Delay caused of 67 days in filing the applications is condoned. Abatement, if any, stands set aside. Civil Application Nos.1430 of 2017 & 1429 of 2017 stand disposed of.

(P.R. BORA, J.) ggp