Indroba Dattrao Kaldate, Died Thr. L.Rs. Muktabai And ORS v. Murlidhar Shamrao Kaldate And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4929 OF 2017 WITH CIVIL APPLICATION NO. 10387 OF 2016 IN SECOND APPEAL STAMP NO. 27717 OF 2011 INDROBA DATTRAO KALDATE (DIED) THROUGH LRS MUKTABAI INDROBA KALDATE AND OTHERS

VERSUS

MURLIDHAR SHAMRAO KALDATE AND OTHERS Advocate for Respondent Nos. 1 to 6 : Shri D.V. Katneshwarkar. CORAM : RAVINDRA V. GHUGE, J.

DATED : 09th February, 2018 PER COURT :

1.

None for the applicant. The applicant prays for condonation of delay of 746 days caused in filing the Civil Application for bringing the LRs of deceased respondent No. 3 on record. Learned counsel appearing for the respondents submits that costs may be imposed if the application is to be allowed and the amount be deposited in the Advocates' Bar Association of Bombay High Court, Bench at Aurangabad.

2.

Considering the reasons set out in the application and the

delay of about two years, this application is allowed. The delay is condoned on the condition that the applicant shall deposit an amount of Rs. 2,000/- with the Advocates' Bar Association of Bombay High Court, Bench at Aurangabad on/or before 28/02/2018, and bring the LRs on record.

3.

If any of the above directions are not complied with, this application shall stand rejected and the Second Appeal shall stand abated as against respondent No. 3.

( RAVINDRA V. GHUGE, J.) S.P.C.