Bhima Raising Rathod Deceased Through Lrs Gopichand Bhima Rathod And Others v. Mohan Bansi Jadhav And Others

(1) 931 CA-8076-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 8076 OF 2024 IN SA/207/2021 WITH CIVIL APPLICATION NO. 4861 OF 2024 IN SA/207/2021 WITH SECOND APPEAL NO. 207 OF 2021 WITH CIVIL APPLICATION NO. 10867 OF 2019 IN SA/207/2021 BHIMA RAISING RATHOD DECEASED THROUGH LRS GOPICHAN AND OTHERS

VERSUS

MOHAN BANSI JADHAV L.RS. BHAGABAI AND ANOTHER ...

Advocate for Applicants : Mr. P.P. Shahane Advocate for Respondent Nos. 2A, 2B, 2D : Ms. Gausiya N. Sayyed ...

CORAM : SANDIPKUMAR C. MORE, J.

DATED : August 08, 2024 ORDER:- CIVIL APPLICATION NO. 4861 OF 2024 1.

Heard rival submissions.

2.

The applicants are seeking permission to bring legal representatives of deceased respondent No.2 Shaikh Ameen who admittedly died on 18.08.2020 by condoning the delay of 1211 days. Though the application is strongly opposed, but considering the right to sue, the application stands allowed in terms of prayer clause (B) and (C) subject to cost of Rs. 2,000/- (Rupees Two Thousand) to be deposited with Registry of this

(2) 931 CA-8076-24.odt Court for utilization of High Court Dispensary, Bench at Aurangabad 3.

Amendment be carried out within stipulated period after deposit of cost.

CIVIL APPLICATION NO. 8076 OF 2024 4.

Issue notice to proposed legal representatives of respondent No.1, returnable on 22.08.2024.

(SANDIPKUMAR C. MORE, J.) Y.S. Kulkarni