Bombay High CourtCA/1177/2015admittedallowedgrantedrule absolute

Bajirao Mahadba Birajdar, Lrs Shrimant And Others v. Lochanabai Tukaram Shinde And Others

2015-03-04Hon'Ble Shri Justice V.M. Deshpande2 pages

ca1177.15 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 1177 OF 2015 IN WRIT PETITION NO. 3055 Of 2001 [Bajirao Mahadba Birajdar, Lrs. Shrimant and ors. Vs Lochanabai Tukaram Shinde and ors.] _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.V.Kuptekar, advocate h/f Shri V.D.Salunke, advocate h/f Shri K.J.Ghute Patil, advocate for the applicants Shri Amol Gandhi, advocate for respondent nos. 1 to 6 Shri S.A.Ambad, A.G.P. for respondent no.7 .....

CORAM : V.M.DESHPANDE, J.

DATED : 4 th March, 2015 PER COURT :- 1] This is an application for condonation of delay of 2340 days and for substitution of the names of the applicant in place of original petitioner no.1 Shrimant Bajirao Birajdar.

2] The petition is filed in the year 2001. Shrimant Bajirao Birajdar was petitioner no.1. According to

ca1177.15 the application, he died on 29.5.2008 leaving behind him the present applicants as his legal representative.

3] In the application, it has been stated that the applicants were not having knowledge of the pendency of present Writ Petition, therefore, within time they were unable to move the application for getting their names substituted in the present Writ Petition.

4] Though this application is filed, no reply is filed on record. Thus, the statement made in the application remained uncontroverted. Further, I am satisfied about the reasons mentioned in the application for not moving the application within stipulated period.

5] In that view of the matter, the application is allowed. Delay is condoned. The applicant nos. 1-a to 1-e be substituted in place of original petitioner deceased Shrimant Bajirao Birajdar and they are permitted to prosecute the present Writ Petition. Learned counsel is directed to carry out the amendment within a period of three weeks.

6] Put up this matter after six weeks.

[V.M.DESHPANDE, J.] dbm/ca1177.15