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Bombay High CourtCA/3791/2023admittedallowedgrantedrule absolute

Sayas Narayanrao Mundhe And Others v. Virsang Gurunathayya Swami Died Lrs Sadashiv And Others

2023-07-20Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 945-ca-3791-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3791 OF 2023 IN SA/694/2016 SAYAS NARAYANRAO MUNDHE AND OTHERS

VERSUS

VIRSANG GURUNATHAYYA SWAMI DIED LRS SADASHIV AND OTHERS ...

Mr. P. V. Gole h/f Mr. V. D. Gunale, Advocate for the Applicants. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 20th JULY, 2023.

PER COURT:- 1.

The notice in this application is served to the respondents, however, none appears for the respondents. 2.

By the present application, the applicants seek permission to bring on record the legal representatives of deceased respondent no.13 i.e. Bapurao s/o Narayan Kalyane. It appears that there is delay of 71 days in filing the application. 3.

The learned Advocate appearing fro the the applicants invites attention of this Court to the pleadings in paragraph nos.2, 3 and 4 of the application to contend that the delay is properly explained. Since the contents of the aforesaid paragraphs are uncontroverted, the sufficient cause is made out to condone the delay so also to grant permission to bring on record the legal heirs of respondent no.13. Hence, the following order:-

ORDER

(2) 945-ca-3791-2023 a.

Civil Application is allowed in terms of prayer Clauses 'B' and 'C'.

b.

Amendment to be carried out within 14 days from today. 4.

Civil Application is disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2023