Baburao Rambhau Sable L.Rs. Ramdas Baburao Sable And ORS v. Parvatibai Ananta Sable And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO.5923 OF 2016 Baburao s/o Rambhau Sable, Since deceased Through His Legal Heirs. 1-A To 1-F.

...Applicants.

VERSUS

Parvatibai w/o Ananta Sable, Age 58 years, Occupation Agri., R/o Village Baburdi Tq.Shrigonda Dist. Ahmednagar.

And Others.

...Respondents.

.....

Mr. Rajendra Deshmukh, Advocate for applicants. Mr. V. P. Latange, Advocate for Respondent No.1. .....

CORAM : SMT.VIBHA KANKANWADI, J.

DATE : 24-04-2019.

ORAL ORDER :

1.

Present application has been filed for getting the delay of 69 days condoned in bringing on record the legal representatives of respondent No.2 on record. Respondent No.2 expired on 11-08-2005. 2.

It appears that, intimation was given by the learned advocate for the respondent to this office on 17-11-2015, and thereafter, the intimation was given to the learned advocate for the applicants. Though technically there is delay of 69 days, however from the date of

CA 5923-2016 intimation under Order 22 Rule 10-A of Code of Civil Procedure, the application is within limitation. Hence, application is allowed. Delay is condoned. Application is disposed of accordingly. 3.

The legal representatives of respondent No.2 be brought on record within 14 days.

4.

After they are brought on record, issue notices in respect of second appeal to those legal representatives, to be made returnable on 31-07-2019.

(SMT. VIBHA KANKANWADI) JUDGE vjg/-.