Vithal Fakkad Take Died Lrs. Vijay Vitthal Take v. Rawaji Alias Nana Fakkad Take Deceased Lrs. Rakesh Rewaji Take And Others

912- ca-2772-21 with ca.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.2772 OF 2021 IN SA/334/2018 WITH CA/6113/2018 IN SA/334/2018 VITHAL FAKKAD TAKE DIED LRS. VIJAY VITTHAL TAKE

VERSUS

RAWAJI ALIAS NANA FAKKAD TAKE DECEASED LRS. RAKESH REWAJI TAKE AND OTHERS ...

Advocate for Applicant : Mr. M. V. Narwade Advocate for Respondent 2 A to 2E : Mr. D. A. Naik ...

CORAM : MANGESH S. PATIL, J.

DATE : 18.02.2022 PER COURT :- .

Learned Advocate Mr. Dhananjay A. Naik, appears on behalf of the proposed L.Rs. of the respondent No. 2 and fles Vakalatnama. It is taken on record.

2.

This is an application for bringing on record the Legal Representatives of the deceased respondent No. 2 with a prayer to condone the delay of 69 days.

3.

For the reasons mentioned in the application and bearing in mind the nature of the suit, the delay is neither deliberate nor intentional, besides being meagre.

4.

The application is allowed. The delay is condoned. Abatement is set aside. The L.Rs. are on record in the Second

912- ca-2772-21 with ca.odt Appeal. Necessary amendment to be carried out within two weeks. After such amendment is placed in the Second Appeal, issue notice to the respondent Nos. 2A to 2E. Mr. Naik, learned Advocate for the respondent Nos. 2A to 2E waives service of notice in the Second Appeal.

5.

Stand over to 04.03.2022.

( MANGESH S. PATIL ) JUDGE shp/-