Sham Kundlik Jadhav And ORS. v. Manik Vishwanathrao Jadhav Deceased Through Lrs Baburao And Others

28-CA-2967-2019 Pooja K.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2967 OF 2019 IN SECOND APPEAL NO. 385 OF 2005 Sham Kundalik Jadhav and Ors.

... Applicants

Versus

Manik Vishwanathrao Jadhav (died) Thr LRs Baburao Manikrao Jadhav and Ors.

... Respondents ...

Mr. P.V. Gole h/f. Mr. V.D. Gunale - Advocate for Applicants Mr. R.B. Wankhede h/f. Mr. S.P. Urgunde - Advocate for Respondent Nos.1 and 2 ....

CORAM : GAURI GODSE, J.

DATE : 10th February, 2023 PER COURT :

1.

This application is filed for bringing on record names of heirs and legal representatives of deceased sole respondent. There is delay in filing the application.

2.

Notice issued to the heirs and legal representatives of deceased sole respondent is served. They are represented through advocate.

3.

There is no opposition to this application.

1/2

28-CA-2967-2019 4.

For the reasons stated in the application, delay of 633 days is condoned and abatement is set aside.

5.

The Civil Application is allowed in terms of prayer clauses 'B' and 'C', which reads as under :

"B) That the legal representative of deceased the Manik Vishwanathrao Jadhav mentioned at para no.3 of this Civil Application may kindly be brought on record.

C) The delay of 633 days may kindly be condoned in the interest of justice."

6.

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

[ GAURI GODSE ] JUDGE 2/2