Kamlakar Shivajirao Hatte L.Rs. Balaji Kamlakar Hatte And Others v. Baburao Nagnathrao Irlapalle And Others

910 CA 9948-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 9948 OF 2024 IN SECOND APPEAL NO. 328 OF 2018 WITH SECOND APPEAL NO. 328 OF 2018 WITH SECOND APPEAL NO. 327 OF 2018 WITH SECOND APPEAL NO. 329 OF 2018 WITH CIVIL APPLICATION NO. 5936 OF 2018 IN SA/329/2018 WITH CIVIL APPLICATION NO. 5934 OF 2018 IN SA/327/2018 KAMLAKAR SHIVAJIRAO HATTE (DIED) THROUGH L.RS. BALAJI KAMLAKAR HATTE AND OTHERS

VERSUS

BABURAO NAGNATHRAO IRLAPALLE AND OTHERS ...

Mr. Akash D. Gade - Advocate for Applicants Mr. D.S. Bhapkar h/f. Mr. V.D. Salunke - Advocate for Respondent Nos.1 and 2 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 11th October, 2024 PER COURT :

CIVIL APPLICATION NO. 9948 OF 2024 1.

Heard rival submissions.

2.

The application is filed for bringing legal representative of deceased sole appellant Kamlakar Shivajirao Hatte, who admittedly Pooja Kale 1/2

910 CA 9948-2024 died on 24.11.2023 by condoning the delay of five days only. Though the application is opposed, but considering the short period of delay the application stands allowed in terms of prayer clauses 'B', 'C' and 'D' and disposed of accordingly.

3.

The amendment be carried out within stipulated period. 4.

Since the learned Counsel for the appellants in Second Appeal Nos. 327 and 329 of 2018 has been elevated as the Judge of this Court, issue notice to concerned appellants on Court motion, returnable on 22nd November, 2024.

5.

List the Second Appeal No. 328, 327 and 329 of 2018 alongwith Civil Application Nos.5936 and 5934 of 2018 on 22nd November, 2024.

6.

Interim relief, if any, to continue till then. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2