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Bombay High CourtCA/7736/2019admittedallowedgrantedrule absolute

Laxmibai Daulat Chandapure v. Sainath Daulat Chandapure And Others

2024-10-15Hon'Ble Shri Justice Sandipkumar C. More2 pages

2024:BHC-AUG:24933 1 921 ca 7736-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 7736 OF 2019 IN SAST/7552/2019 LAXMIBAI DAULAT CHANDAPURE

VERSUS

SAINATH DAULAT CHANDAPURE AND OTHERS ...

Mr. Mukhedkar Amit A., Advocate for Applicant ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 15/10/2024.

P. C. :

1.

Heard learned counsel for the applicant.

2.

Though the respondent No.5- Daulat Vithal Chandapure is reported dead, his legal representatives are already on record as the remaining rival parties. Even the bailiff report indicates that the other respondents had told them that Daulat died on 15/08/2019. As such, respondent No.5 be referred as since deceased. 3.

The application is for condonation of delay of 372 days in filing second appeal. Respondent nos.1 to 4 despite service, remained absent. There is no oppose to the application. However, considering the delay of 372 days the application stands allowed in

2 921 ca 7736-19 terms of prayer Clause-B subject to cost of Rs.500/- to be paid to the Advocate's Bar Library, High Court, Aurangabad and disposed of accordingly.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-