Ganpat Laxman Chavan L.Rs. Shahutai Ganpat Chavan And Others v. Vishwambhar Narhari Patil L.Rs. Urmila Vishwanath Patil And Others

2024:BHC-AUG:6580 (1) 18 CA-3256.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 CIVIL APPLICATION NO. 3256 OF 2024 IN SA/682/2016 GANPAT LAXMAN CHAVAN L.RS. SHAHUTAI GANPAT CHAVAN AND OTHERS

VERSUS

VISHWAMBHAR NARHARI PATIL L.RS. URMILA VISHWANATH PATIL AND OTHERS ...

Mr. Abhishek Chapule, Advocate holding for Mr. N.P. Patil Jamalpurkar, Advocate for the applicants.

Mr. P.D. Dadpe, Advocate for respondent Nos.1 to 3. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 26 MARCH 2024.

ORDER:- 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being legal representatives of sole appellant, who admittedly died on 12.03.2018 by condoning the delay of 2088 days. The learned Counsel for the respondent strongly opposed the application on the ground that delay is inordinate and unexplained. However, considering the right to sue, the application stands allowed in terms of prayer clauses (B) and (C) subject to cost of R. 3000/- to be paid to Library, Advocates Association of High Court, Bombay, Bench at Aurangabad. The amendment be carried out within stipulated period and after deposit of cost. 3.

The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde