Lilachand Hari Patil L.Rs. Dagubai Lilachand Patil And Others v. Narottam Suklal Patil

(1) 914 CA -1328.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 1328 OF 2024 IN SA/726/2014 WITH SECOND APPEAL NO. 726 OF 2014 WITH CIVIL APPLICATION NO. 12985 OF 2014 IN SA/726/2014 LILACHAND HARI PATIL THROUGH LRS DAGUBAI LILACHAND PATIL AND OTHERS

VERSUS

NAROTTAM SUKLAL PATIL ...

Mr. R.L. Kute, Advocate for the APPLICANTS.

Mr. Pankaj Bharat, Advocate holding for Mr. D.M. Pingle, Advocate for the respondent.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 21 February 2024 ORDER:- IN CIVIL APPLICATION NO. 1328 OF 2024 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record the legal representatives of deceased appellant No.1 Lilachand Hari Patil, who admittedly died on 30.09.2017, by condoning the delay of 2216 days.

3.

The learned Counsel for respondent opposed the application on the ground of inordinate delay.

(2) 914 CA -1328.2024.odt 4.

However, considering the right to sue, the application stands allowed in terms of prayer clauses (A) and (B) subject to cost of Rs. 3000/- to be paid to Library, Advocates Association of Bombay High Court, At Aurangabad within the period of two weeks. After payment of cost, the amendment be carried out. 5.

Civil Application No. 1328 of 2024 is accordingly disposed of.

6.

List the other matters on 07.03.2024.

(SANDIPKUMAR C. MORE, J.) vd_dhirde