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Bombay High CourtCA/2879/2025disposed off

Kanif Maroti Mane Died Through Lrs Usha Kanif Mane And Others v. Bhaskar Maroti Mane

2025-03-11Hon'Ble Justice Smt. Manjusha Ajay Deshpande2 pages

2025:BHC-AUG:6991 {1} ca2879-25.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2879 OF 2025 IN WRIT PETITION NO.2974 OF 2016 Kanif Maroti Mane (Died0 LRs and Others APPLICANTS

VERSUS

Bhaskar Maroti Mane RESPONDENT .......

Mr. D. A. Bide, Advocate for the Applicants Mr. A. P. Nahar h/f Mr. Pratik Kothari, Advocate for Respondent .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 11 th MARCH, 2025 ORDER :

1.

This Civil Application has been filed for bringing Legal Heirs of deceased Petitioner on record. It is submitted that the sole Petitioner expired on 14th August, 2020 and he is survived by 3 legal heirs, as mentioned in the title clause of the present Civil Application. It is contended that the Applicants were not aware about pendency of the proceedings and therefore, they could not take appropriate steps for bringing themselves on record and hence, there is delay in filing the present Civil Application. According to the Applicants, though the sole Petitioner has expired, yet the cause still survives. Therefore, it is requested to bring the Legal Heirs of deceased Petitioner on record.

{2} ca2879-25.doc 2.

Considering the explanation given by the Applicants, in paragraph No. 3 of the Civil Application, the delay deserves to be condoned.

3.

In the result, the Application is allowed in terms of prayer clauses "B", "C" and "D". Necessary amendment to be carried out within two weeks.

[ MANJUSHA DESHPANDE ] JUDGE drp/ca2879-25.doc