Ratan Kondiram Waghmare Deceased Lrs. Uttam Ratan Waghmare v. Divakar Kondiram Waghmare Deceased Lrs. Dilip Divakar Waghmare And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4504 OF 2021 IN SA/451/1995 RATAN KONDIRAM WAGHMARE DECEASED LRS. UTTAM RATAN WAGHMARE

VERSUS

DIVAKAR KONDIRAM WAGHMARE DECEASED LRS. DILIP DIVAKAR WAGHMARE AND OTHERS Mr. H. D. Deshmukh, Advocate for the applicant Ms. P. R. Karpe, Advocate h/f Mr. V. S. Bedre, Advocate for respondent Nos. 1-A to 1-C.

CORAM

: R. M. JOSHI, J.

DATE : 11th JANUARY, 2024 P.C. :- 1.

Heard.

2.

This application is for condonation of delay of 2223 days in bringing LR's of deceased appellant No.1 on record. By amending the application the applicants have pleaded reasons for the delay caused in bringing themselves on record. This Court finds no malafides on the part of the applicants in not bringing themselves on record in time. Appeal is already admitted. In any case appellant No.2 is still alive in order to prosecute the appeal as such no prejudice will cause to the respondents, if the application is allowed. Delay is condoned and abatement is set aside. 930.ca4504.21.odt

3.

Hence, application is allowed in terms of prayer clause 'B-1' and 'C'. Amendment to be carried out within a period of two weeks. 4.

Appeal memo be amended by bringing LR's of deceased appellant No.1 in the place of appellant No.1.

(R. M. JOSHI, J.) ssp 930.ca4504.21.odt