Bhitubai Kansarya Bhil L.Rs. Thakasingh L.Rs. Gulab Thaksingh Padvi And Others v. Revakabai Kansarya Bhil

2024:BHC-AUG:7926 ..1..

904-ca-1565-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 1565 OF 2024 IN SECOND APPEAL NO. 421 OF 2001 BHITUBAI KANSARYA BHIL L.RS. THAKASINGH L.RS. GULAB THAKSINGH PADVI AND OTHERS

VERSUS

REVAKABAI KANSARYA BHIL ...

Advocate for Applicants : Mr. G. R. Syed Advocate for Respondent /non applicant: Mr. A.G.Magre Mr.S.S.Ambilwade ...

WITH SECOND APPEAL NO. 421 OF 2001 ...

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 16.04.2024 PER COURT :

1.

Heard the learned counsel appearing for the appellants/applicants and the learned counsel appearing for the nonapplicant at length. 2.

By the present application, the appellants pray for condonation of delay of 5293 days and 4059 days caused while filing this application for bringing the legal heirs of the appellant nos. 1 and 2, setting aside abatement, so also for permission to bring the legal heirs of appellants on record. According to the appellants/applicants , they are legal heirs

..2..

904-ca-1565-24 of the appellants and when the matter was listed for final hearing, they informed to their counsel about death of the deceased appellants. The explanation is given by the applicants appears to be bonafide. Therefore, the delay is hereby condoned. The abatement is set aside. The applicants are permitted to substitute the names. Necessary amendment be carried out within period of one week from today. 3.

The learned counsel appearing for the applicants undertakes to pay deficit court fees on the present application as by way of present application, the applicant prays for condonation of delay caused while bringing the legal heirs of the deceased appellant nos.1 and 2 on record, setting aside abatement and permission to bring the legal heirs of deceased appellants on record.

4.

The required deficit court fees shall be paid within period of one week from today failing which the order shall stand recalled. 5.

Civil Application is disposed of accordingly. (Y. G. KHOBRAGADE, J.) shp