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Bombay High CourtCA/3248/2018disposed off

Baban Pandurang Karad v. Laxman Keru Karad And Others

2024-03-01Hon'Ble Shri Justice Sandipkumar C. More5 pages

{1} CIVIL APPLICATION NO. 14350 OF 2022 IN Applicant Mr. S. K. Shinde, advocate for the Applicant Heard rival submissions.

The applicant is seeking permission to bring on record respective legal representatives of respondent no.1 and 6, who, admittedly, died on 11.07.2018 and 06.05.2021, by condoning the respective delay periods of 1448 and 481 days. The learned Counsel for the applicant pointed out that Respondent No.1-A is also no more and he would take steps in respect of her, separately.

Though the learned Counsel for Respondents

{2} No.1-A and 3 to 5, opposed the application on the ground of delay, but considering the right to sue, the Civil Application stands allowed in terms of prayer clauses "B", "C" and "D" subject to cost of Rs.2000/- payable to the Library of Advocates' Association of Bombay High Court at Aurangabad. Amendment to be carried out within stipulated period and subject to deposit of cost.

Civil Application is accordingly disposed of.

{3} CIVIL APPLICATION NO. 3248 OF 2018 IN Applicant Mr. S. K. Shinde, advocate for the Applicant Heard rival submissions.

The applicant is seeking permission to bring on record legal representatives of respondent no.9 - Suman Kailas Nagre, who, admittedly, died on 23.03.2012 by condoning the delay of 2074 days.

The learned Counsel for Respondents No.1-A, 3 to 5, though opposed the application on the ground of delay, but considering the right to sue, the Civil Application stands

{4} allowed in terms of prayer clauses "B", "C" and "D" subject to cost of Rs.3000/- payable to the Library of Advocates' Association of Bombay High Court at Aurangabad. Amendment to be carried out within stipulated period and subject to deposit of cost.

Civil Application is accordingly disposed of.

{5} Appellant Mr. S. K. Shinde, advocate for the Appellant Stand over to 15.03.2024.