Shriram Pandurang Taluka (Agrawal) L.Rs. Durgadevi Pandurang Agrawal And ANR v. Manikanta Madandas Motiwala And ANR

2024:BHC-AUG:4275 915 CA-2439-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 2439 OF 2024 IN SECOND APPEAL NO. 3 OF 2014 SHRIRAM PANDURANG TALUKA (AGRAWAL) THROUGH L.RS. DURGADEVI PANDURANG AGRAWAL AND ANOTHER

VERSUS

MANIKANTA MADANDAS MOTIWALA AND ANOTHER ...

Ms. Sawari M. Patil h/f. Ms. C.S. Deshmukh - Advocate for Applicants Mr. S.M. Gunjal - Advocate for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 29th February, 2024 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of appellant No.1 - Shriram Pandurang Taluka (Agrawal), who admittedly died on 19.03.2019, by condoning the delay of 1716 days.

3.

Learned Counsel for respondent Nos.1 and 2 strongly opposed the application on the ground that, there is inordinate delay. However, considering the right to sue, the Pooja K.

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915 CA-2439-2024 application stands allowed in terms of prayer clauses 'B' and 'C', subject to cost of Rs.2500/- (rupees Two Thousands and Five Hundreds only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad. 4.

Amendment be carried out after deposit of cost within stipulated period.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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