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Bombay High CourtCA/5942/2023admittedallowedgrantedrule absolute

Guruling Nagnath Kantekar v. Kamlakar Ramchandra Mardikar And Others

2023-07-27Hon'Ble Shri Justice S. G. Chapalgaonkar1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 CIVIL APPLICATION NO.5942 OF 2023 IN SA/497/2014 GURULING NAGNATH KANTEKAR

VERSUS

KAMLAKAR RAMCHANDRA MARDIKAR AND OTHERS ...

Advocate for Applicant : Mr. Dhorde Vikram R ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated: July 27, 2023 ...

PER COURT :- 1.

By this application, the applicant seeks to condone the delay of 550 days caused in filing the application for bringing on record the L.Rs. of deceased respondent no.6 on record of the second appeal. Further the applicants pray to grant permission to bring respondent no.6A to 6C as legal heirs of deceased respondent no.6 on record of the second appeal.

2.

Notice of this application is served on the proposed respondents, however, none appears.

3.

Learned counsel appearing for the applicant invites attention of this Court to the contents of paragraph nos.3 to 6 to contend that since the applicant was not having knowledge of death of the deceased, delay has been caused. He further points out that during the period of Covid-19 Pandemic death of respondent no.6 has been caused and the applicant was not having knowledge of legal representatives. 4.

Having considered the submissions advanced and the pleadings in the application which is remained uncontroverted, the application deserves to be allowed. Civil application is allowed in terms of prayer clauses '

A and B'. Amendment to be carried out within a period of 14 days from today. Civil application is disposed off. ( S. G. CHAPALGAONKAR, J. ) ...

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