Dnyneshwar Ganpat Sarade Died Lrs Vaibhav And Others v. Rajendra Ganpat Sarade And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1998 OF 2023 IN SA/739/2015 DNYNESHWAR GANPAT SARADE DIED LRS VAIBHAV AND OTHERS

VERSUS

RAJENDRA GANPAT SARADE AND OTHERS ...

Advocate for Applicants : Mr. Salok Amol M.

Advocate for Respondent Nos. 2-A to 2-C : Mr. S.N. Pawde CORAM : R.M. JOSHI, J.

DATE : 19th April, 2023 PER COURT :

1.

This application is to bring LRs of deceased respondent no. 2 - Rameshwar who died on 18.05.2020. The copy of death certificate supports the said contention.

2.

It is contended by the appellant that due to lack of knowledge about the death of this respondent, delay is caused in bringing LRs on record.

3.

Learned counsel for the proposed LRs opposed the said contention by stating that delay is not satisfactorily explained. 4.

From the perusal of the application, it seems that delay caused in bringing LRs of the deceased is not deliberate. In absence of 1/2

any malafides to be attributed against the applicant, application deserves to be allowed.

5.

Hence, application is allowed in terms of prayer clause 'b' and 'c'.

6.

Amendment to be carried out within two weeks. [ R.M. JOSHI, J. ] SPChauhan 2/2