Dhondiba Shetiba Jondhale v. Tulshiram Subhan Died By Lrs Namdeo Tulshiram Limbore And ORS

ca1338.11 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1338 OF 2011 IN CIVIL APPLICATION NO. 5387 OF 2009 IN SECOND APPEAL (ST.) NO. 9299 OF 2009 Dhondiba Shetiba Jondhale, Age: 63 years, Occu: Agri., R/o. Moterga, Tq. Mukhed, Dist. Nanded ..APPLICANT

VERSUS

Tulshiram Subhanna, died, by L.Rs.

Namdeo Tulshiram Limbore, Age: 55 years, R/o. Moterga, Tq. Mukhed, Dist. Nanded & ors.

..RESPONDENTS Mr V. V. Bhavthankar, Advocate for applicant Mr A. M. Gaikwad, Advocate for respondent No.2 CORAM : N.W. SAMBRE, J.

DATE : 23rd June, 2017 ORAL ORDER This is an application for bringing legal representatives of deceased respondent No.1 on record along with the prayer for condonation of delay and setting aside the abatement order.

2.

Mr Gaikwad, learned Counsel appearing on behalf of respondent No.2 opposed the prayer for condonation of delay on the ground that the delay is not properly explained. However, considering the fact that the

ca1338.11 (2) appellant/applicant is exercising his statutory right, it will be appropriate to allow the application.

3.

As such, civil application stands allowed in terms of prayer clause (A) and (B).

4.

Amendment be carried out within a period of two weeks from today. 5.

Place the matter for further consideration on 17th July, 2017. (N.W. SAMBRE, J.) sjk