Vitthal Rukhmini Deosthan Thorugh Its Trustees Kisan Bhau Holkar And Others v. Bapu Shankar Divate Through Lrs Ganpat Bapu Divate Died And Others

2025:BHC-AUG:5433 906 CA NO.1488.2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1488 OF 2025 IN WP/12250/2018 VITTHAL RUKHMINI DEOSTHAN THORUGH ITS TRUSTEES KISAN BHAU HOLKAR AND OTHERS

VERSUS

BAPU SHANKAR DIVATE THROUGH LRS GANPAT BAPU DIVATE DIED AND OTHERS ...

Advocate for Applicants : Ms. Ashwini Mate h/f Mr.M. S. Mhase AGP for Respondents-State : Ms. Vaishali Patil (Jadhav) Advocate for Respondents No. 1/1 to 1/4 : Mr. Saurabh Veer h/f Talekar And Associates ...

CORAM : MANJUSHA DESHPANDE, J.

Dated : February 26, 2025 PER COURT :- 1.

Present civil application has been filed by the applicants for bringing the legal representatives of deceased respondent No. 1 on record. Notices have been issued and Advocate Mr. Saurabh Veer has received instructions to cause appearance for the proposed legal heirs of deceased respondent No. 1.

2.

There is delay of 463 days in filing the present civil application. The explanation for delay is given in para No. 6 of the application. It is stated that present applicants are old-aged and hence, they were not in a position to travel and take appropriate steps

906 CA NO.1488.2025 -2within time. The delay is not intentional.

3.

Upon going through the reasons mentioned in the application, the delay has been satisfactorily explained. Hence, civil application is allowed and the delay of 463 days caused in filing the present application is condoned.

4.

Petitioner is permitted to carry out amendment in the title of the present application forthwith which is wrongly mentioned as 'Second Appeal'.

5.

Petitioner to carry out necessary amendment regarding the legal heirs of deceased respondent No. 1 within two weeks. 6.

In view of the above, civil application stands disposed of. (MANJUSHA DESHPANDE, J.) Omkar Joshi