Sanjay Liladhar Choudhary And ORS v. Kum. Nayantara J. Chaudhari (Sau. Nayantara P. Chopda), Died Through L.Rs. P. G. Chopda And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 10 CIVIL APPLICATION NO. 3017 OF 2016 IN CA/6424/2015 WITH CA/6424/2015 IN AO/46/2010 SANJAY LILADHAR CHOUDHARY AND ORS

VERSUS

KUM. NAYANTARA J. CHAUDHARI (SAU. NAYANTARA P. CHOPDA), DIED THROUGH L.RS. P. G.

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Advocate for Applicants : Mr. Wani Girish V. Mr. RN Chavan, Adv. h/for Mr. Sharma Vijay Adv. For R/1-a To 1-d.

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CORAM : P.R. BORA, J.

Dated: August 19, 2016 ...

PER COURT :- 1) Heard. Delay of 306 days has occurred in filing the present application by the applicants/appellants for bringing the legal heirs of deceased Respondent No.1 on record.

2) Shri Chavan, learned counsel appears for the proposed legal heirs of deceased Respondent No.1. The learned Counsel has opposed for condoning the delay stating that the delay has snot been properly explained and the facts are not correctly stated in the application.

3) On perusal of the application, it appears BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD to me that the delay has been sufficiently explained. I am, therefore, inclined to allow the present application. The application is allowed; The legal heirs of deceased Respondent No.1, as are mentioned in the application, be taken on record. Necessary amendment be carried out within two weeks. The delay caused in filing the present application is condoned.

4) In view of the fat that the legal heirs of deceased respondent No.1 have entered their appearance, CA No.6424/2016 for publication notice has become infructuous and hence stands disposed of. ( P.R. BORA, J. ) ...

BDV