Chandrakant Traymbak Kute v. Ajit Hastimal Gandhi And ORS

1 924CA3779.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3779 OF 2024 IN FIRST APPEAL NO. 3595 OF 2019 Chandrakant Traymbak Kute ...Applicant

Versus

Ajit Hastimal Gandhi & Ors.

...Respondents

.....

Mr. Swapnil V. Lohiya h/f Mr. R. F. Totala - Advocate for the Applicant Mr. Anand Bhandari - Advocate for Respondent No. 1 .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 17TH APRIL, 2024 PER COURT : - 1.

This application is filed for seeking permission to bring on record legal heirs of deceased - respondent no. 4. 2.

We have heard learned advocates for the applicant / appellant and Respondent No. 1.

3.

It is submitted by the learned advocate for the applicant/appellant that the reasons for delay have been explained in the application and the application be allowed.

2 924CA3779.2024.odt 4.

The application is opposed by learned advocate Mr. Anand Bhandari for respondent no. 1.

5.

For the reasons stated in the application, same is allowed. Delay caused in bring the legal heirs on record is condoned. Abatement, if any, is set aside. The legal heirs of deceased/respondent no. 4 be brought on record within a period of two (02) weeks. 6.

Issue notice to the newly added legal heirs of deceased/respondent no.4, returnable within four (04) weeks thereafter. 7.

Stand over to 11 th June, 2024 .

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 19/04/2024 13:18:28