Indubai Alias Indumati Bhagwanrao Joshi L.Rs. Rajesh And Others v. Amrutrao Rangnathrao Kulkarni And Others

2025:BHC-AUG:13830 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3219 OF 2025 IN SA/667/2018 INDUBAI ALIAS INDUMATI BHAGWANRAO JOSHI L.RS. RAJESH AND OTHERS

VERSUS

AMRUTRAO RANGNATHRAO KULKARNI AND OTHERS Mr.A.S.Kadam, Advocate for the applicant.

Mr.A.A.Yadkikar, Advocate for the appellants in second appeal. ( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : MAY 8, 2025 PER COURT :

1.

This is an application for bringing on record the legal heirs of respondent No.1 Indubai. This is an application filed by the LR's of deceased Indubai for substitution of their name as LR's of respondent No.1. The application also seeks condonation of delay of 779 days in filing this application. The learned Advocate for the applicants and proposed respondent No.1A submits that in fact the appellants had knowledge about the death of deceased and the appellants should have taken steps for bringing on record the names of LR's. However, since no steps were taken, the instant application is filed. He, therefore, khs/May 2025/

- 2 - submits that the delay is unintentional and needs to be condoned in the interest of justice.

2.

The learned Advocate for the appellants has no objection if the application is allowed by condoning the delay. 3.

The civil application is allowed. The delay of 779 days is condoned. The names of LR's of deceased respondent No.1 as mentioned in paragraph No.6 of the application, be brought on record. Amendment be carried out by the appellants within one (1) week from today. The interim relief granted earlier to continue till the next date. ( PRAFULLA S. KHUBALKAR, J.) khs/May 2025/