Chandrakala Baburao Birajdar And Another v. Sanjay Baburao Birajdar L.Rs. Jyoti Sanjay Birajdar And Others

{1} 36 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 2585 OF 2024 IN SECOND APPEAL NO. 79 OF 2019 CHANDRAKALA BABURAO BIRAJDAR AND ANOTHER ....Appellant

VERSUS

SANJAY BABURAO BIRAJDAR AND OTHERS .....Respondent .....

Advocate for Appellant : Ms. Neeta Mirajkar h/f. Ms. Manjushri Shendgearwade Advocate for Respondent No.1: Mr. Shankar Kendre h/f. Mr.. Adgaonkar Ravibhushan P.

Advocate for Respondent No. 2-a and 2-b: Adv. S. S. Halkude .....

CORAM : S.G. CHAPALGAONKAR, J.

DATE : 21ST JANUARY, 2025.

P.C. :- 1.

Heard learned advocates for respective parties. 2.

By the present application, applicant seeks permission to bring on record Legal Heirs of deceased respondent No.1 in S.A. No. 79 of 2019. Applicant further seeks to condone delay of 301 days caused in filing the application. Learned advocate for applicant submits that applicant had no knowledge about the death of respondent No.1. As soon as they got knowledge, application is filed. Contentions raised in the application are not controverted by the respondents. 3.

Sufficient cause is made out to condone the delay. Delay is condoned. Indisputably, respondent No.1A to 1C are the legal heirs of

{2} 36 sr.no..odt Mr. Sanjay Baburao Birajdar.

In that view of the matter, case is made out to allow the application in terms of prayer clauses (A)(B) and (C) and is disposed of. Amendment be carried out within a period of two weeks. [S.G. CHAPALGAONKAR, J] grt/-