Raosaheb Apparao Bagadi Died His Lrs Padmawatibai And Another v. Bitu Dattatraya Maske And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO.3672/2019 IN SA/430/2007 Raosaheb Apparao Bagadi Died His LRs. Padmawatibai & anr. ... Versus ...

Bitu Dattatraya Maske & ors.

...

Mr. Prashant Deshmukh, Advocate for the applicant Mr. V.S. Tanwade, Advocate for the respondent No.1 ...

CORAM :

SMT. VIBHA KANKANWADI,J.

DATE :

08th MARCH, 2019 PER COURT :

Present application has been filed to bring the legal representatives of deceased Padmawati Raosaheb Bagadi on record. It will not be out of place to mention here that today itself Civil Application No.8820 of 2012 has been allowed to bring her on record, but during the pendency of that application it appears that she has also expired. As regards present application is concerned, it appears that there is delay of 273 days. It is stated that the proposed legal representatives of Padmawati claims the heirship by virtue of Will left by her. Photo copies of the registered Will dated 06.09.2014 has been produced on record. The other side has no

CA_3672_2019 objection to condone the delay. It is also submitted that parties have arrived at compromise in another suit, in which the present suit property was also involved. Under such circumstance, the delay is hereby condoned.

The legal representatives of deceased Padmawati to be brought on record within two weeks.

The abatement, if any, is hereby set aside.

Civil Application stands disposed of accordingly. ( Smt. Vibha Kankanwadi, J. ) agd