Venkat Namdev More And ORS v. Ambadas Namdev More Died And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3194 OF 2011 IN SA/362/2010 VENKAT NAMDEV MORE AND ORS

VERSUS

AMBADAS NAMDEV MORE DIED AND ORS ...

Advocate for Applicants : Shri S.C.Swami h/f Shri V.D.Gunale Advocate for Respondent 1A to 1-I : Smt. P.G.h/f Shri G.K.Sontakke ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: April 16, 2015 ...

PER COURT :- 1.

The applicants pray for condonation of delay of (133) days in filing this application for bringing the legal heirs of respondent No.1 on record. 2.

Smt. Sontakke, learned Advocate appears on behalf of the legal heirs of the deceased respondent No.1 and opposes the application on the ground that explanation put-forth by the applicants is not satisfactory. 3.

Second Appeal No.362 of 2010 has been admitted by the order of this Court, dated 29.9.2010.

4.

As such, this Civil Application is allowed. Delay of (133) days is condoned, subject to costs of Rs.1000/-, to be deposited in this Court within a period of three weeks from today. The respondents represented by Smt. Sontakke, who have appeared in this proceeding, shall withdraw the said costs in equal shares. On depositing costs, the applicants shall bring the legal heirs of deceased respondent No.1 on record, within a period of two weeks from the date of deposit of the costs. 5.

In the event, the above directions are not complied with, this order shall stand recalled and the order of the Registrar (Judicial), subject matter of this Civil Application, shall stand restored. ( RAVINDRA V. GHUGE, J. ) ...

akl/d