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Bombay High CourtCA/2024/2020disposed offdismissed for default

Mohandas Dharamchand Lalwani Through Lrs Harish Mohandas Lalwani And Others v. Baburao Alias Balajirao Rangnathrao Indurkar

2020-02-17Hon'Ble Shri Justice V.K. Jadhav2 pages

5-WP.2947-07.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.2947 OF 2007 WITH CA/2024/2020 IN WP/2947/2007 MOHANDAS DHARAMCHAND LALWANI

VERSUS

BABURAO @ BALAJIRAO RANGNATHRAO INDURKAR ...

Advocate for Petitioner : Mr. S.B.Agrawal & Mr. P.S.Agrawal. Advocate for Respondent : Mr. S.B.Ghute Patil. ...

CORAM : V. K. JADHAV, J.

DATE : 17.02.2020 PER COURT :- 1.

The learned counsel for the petitioner submits across the bar the Civil Application for bringing the L.Rs of the petitioner sole on record. There is a delay of 1739 days caused in filing the civil application for bringing the L.Rs of the petitioner on record. The death certificate is annexed to the application. The learned counsel submits that the applicants - L.Rs had no knowledge about the present proceeding. The respondents have not filed any reply to this application and the learned counsel for the respondent submits that there is an inordinate delay in filing the application. It appears that the order impugned in this Writ Petition came to be passed in the

5-WP.2947-07.odt pending execution proceedings. In view of the same, I am inclined to condone the delay.

2.

In view of the above discussion and for the reasons stated in the application, the Civil Application is allowed in terms of prayer clause '

B'.

3.

Stand over to 02.03.2020.

(V. K. JADHAV, J.) ...

vmk/-