Vinayak Maruti Shelar v. Smt Bhagirathi Dashrath Shejwal Died Through Her Legal Heirs

(1) 928 CA-2124.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 CIVIL APPLICATION NO. 2124 OF 2024 IN SA/388/2023 WITH SECOND APPEAL NO. 388 OF 2023 WITH CIVIL APPLICATION NO. 9032 OF 2023 VINAYAK MARUTI SHELAR

VERSUS

SMT BHAGIRATHI DASHRATH SHEJWAL DIED THROUGH HER LEGAL HEIRS ...

Mr. Ravindra Misal, Advocate holding for Mr. A.S. Sawant, Advocate for the applicant.

Mr. Yogesh Shinde, Advocate holding for Mr. Rahul Karpe, Advocate for respondent Nos. 1-A to 1-E.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

2 JULY 2024 ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of deceased respondent No.2 Bhaskar Dashrath Shejwal, who admittedly died on 30.09.2023, by condoning the delay of only 38 days. The legal representatives of deceased respondent No. 2, despite service, remained absent.

3.

The learned Counsel for the respondents though opposed the application, but considering the right to sue the

(2) 928 CA-2124.2024.odt application is allowed in terms of prayer clauses (A), (B) and (C) subject to cost of Rs. 500/- to be paid to the Registry for utilization of High Court Dispensary, within two weeks. Necessary amendment be carried out after deposit of cost. The application is accordingly disposed of.

4.

List the other Second Appeal and CA to 16.07.2024. (SANDIPKUMAR C. MORE, J.) VD_Dhirde