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Bombay High CourtCA/3390/2023disposed off

Prabhakar Narayan Mahajan Died Lrs. Pramila And ORS. v. Gajanan Mitharam Mahajan And Others

2023-03-14Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3390 OF 2023 IN SA/563/2019 PRABHAKAR NARAYAN MAHAJAN

VERSUS

GAJAN MITHARAM MAHAJAN AND OTHERS Mr. Girish Nagori, Advocate for the applicant CORAM :

R. M. JOSHI, J.

DATE :

14th MARCH, 2023 PER COURT :- 1.

Leave to amend application is sought. Leave is granted. Amendment to be carried out forthwith, substituting Second Appeal No. 563 of 2019 with Civil Application No. 2687 of 2020. 2.

Civil Application No. 2687 of 2020 is filed by the original appellant for restoration of Second Appeal No. 563 of 2019. During the pendency of the civil application appellant Prabhakar Narayan Mahajan died on 29/10/2019. Copy of death certificate is annexed to the application. The applicants are the legal representatives of the deceased. Hence no notice is required to be issued to any party. 3.

Reasons mentioned in the application for delay shows that the delay is not deliberate. No prejudice in caused to the respondents if 39.ca3390.23

the delay is condoned and LR's of deceased/applicant are brought on record. Hence application stands allowed in terms of prayer clauses 'B' and 'C'. Amendment to be carried out within one week. (R. M. JOSHI, J.) ssp 39.ca3390.23