Satucharya Appacharya Kashikar Died Lrs. Venugopal Purushottamacharya Kashikar v. Kashibai Wamanrao Dhonddeo L.Rs. Sharad Died Lrs. Dipak Sharadrao Dhonddeo (Deshpande) And ORS.

1129.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 CIVIL APPLICATION NO.1129 OF 2023 IN SECOND APPEAL NO.417 OF 2006 SATUCHARYA APPACHARYA KASHIKAR DIED LRS.

VENUGOPAL PURUSHOTTAMACHARYA KASHIKAR

VERSUS

KASHIBAI WAMANRAO DHONDDEO L.RS. SHARAD DIED LRS. DIPAK SHARADRAO DHONDDEO (DESHPANDE) AND ORS.

...

Advocate for Applicant : Mr.T.M.Venjane ...

CORAM :ARUN R. PEDNEKER, J.

DATE :12.06.2023 P.C. :

1] The present Civil Application is filed to bring on record the legal heirs of the deceased respondent no.1/1 by condoning the delay of 521 days in filing the present Civil Application.

2] The learned counsel for the applicant submits that the applicant was not aware about the death of the respondent no.1/1 and he became aware of the same on 21.12.2022 when the present matter was on board. Thereafter, the applicant collected the information about

1129.23CA the legal heirs of the deceased respondent no.1/1 and thereafter the applicant has filed the present Application for bringing the legal heirs of the deceased respondent no.1/1 on record on 16.01.2023, as such, there is delay of 521 days in filing the present Application. The learned counsel, therefore, submits that the present application may be allowed by condoning the delay of 521 days in filing the present application.

3] For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Accordingly, Civil Application is disposed of. Necessary amendment to be carried out.

4] Issue notice to the legal heirs of the deceased respondent no.1/1 in Second Appeal No.417 of 2006, returnable on 31st July, 2023.

[ARUN R. PEDNEKER] JUDGE DDC