Jaichand Manikrao Annadate v. Baban Manikrao Annadate L.Rs. Vimal Baban L.Rs. Mratyunjay Baban Annadate And Others

(1) 918 CA-1595-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO. 1595 OF 2024 IN SA/59/2015 WITH SECOND APPEAL NO. 59 OF 2015 JAICHAND MANIKRAO ANNADATE ....Applicant

VERSUS

BABAN MANIKRAO ANNADATE L.RS. VIMAL BABAN L.RS. MRATYUNJAY BABAN ANNADATE AND OTHERS .....Respondent .....

Advocate for Applicant : Mr. S.S. Halkude Advocate for Respondent No.1-A and 1-C : Mr. M.K. Jadhav h/f Mr. A.S. More ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 25th June 2024 ORDER:- 1.

Heard rival submissions.

2.

The appellant is seeking permission to bring on record legal representatives of respondent No.1 Baban Manikrao Annadate, who admittedly died on 07.10.2014 by condoning the delay of 3316 days.

3.

The learned counsel for the respondents strongly opposed the application on the ground that there is huge delay which is not properly explained. Further, it appears that

(2) 918 CA-1595-2024.odt respondent Nos. 1A i.e. wife of Baban is also no more and as per her death certificate, she has died on 22.11.2023. Though there is huge delay, but considering right to sue, the application is allowed in terms of prayer clause (B) subject to cost of Rs. 5000/- (Rupees Five Thousand) to be deposited with the High Court Registry, Aurangabad for utilization of Dispensary of High Court. Aurangabad within two weeks. The amendment be carried out after deposit of cost. 4.

The application stands disposed of.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni