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Bombay High CourtCA/1246/2024admittedallowedgrantedrule absolute

Chandrabhagabai Fakira Taskar Died Lrs Ashok Fakira Taskar And ANR v. Shivram Balaji Bibe And Others

2024-01-30Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 217 CIVIL APPLICATION NO. 1246 OF 2024 IN SECOND APPEAL NO. 621 OF 2015 Chandrabhagabai Fakira Taskar (Deceased through LRs) & another .. Applicants

Versus

Shivram Balaji Bibe & others .. Respondents Mrs. S. S. Kulkarni, Advocate holding for Mr. K. M. Nagarkar, Advocate for the applicants.

Mr. A. N. Patil Bhosale, Advocate holding for Mr. S. S. Chapalgaonkar, Advcoate for respondent No. 1.

CORAM : R. M. JOSHI, J.

DATE : 30th JANUARY, 2024.

PER COURT :

1.

This is an application for condonation of delay of 2186 days in bringing legal heirs of deceased appellant on record. 2.

Applicants have claimed that they had no knowledge about the proceeding preferred by original appellant. It is claimed that there are no malafides for not bringing legal heirs of deceased on record in time. Learned counsel for respondent records no objection to bring legal heirs of deceased appellant on record.

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Having regard to the nature of proceeding and in the interest of justice, application is allowed in terms of prayer clauses B to C-1. Order of abatement stands set aside. Amendment be carried out within two weeks.

( R. M. JOSHI) Judge dyb