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Bombay High CourtCA/3918/2024admittedallowedgrantedrule absolute

Bhaktiram Vishram Rathod Died Lrs. Yashoda And ORS. v. Amrutlal Vishram Rathod Deceased Lrs. Dhangauri Amrutlal Rathod And Others

2024-07-05Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 936 ca 3918-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO. 3918 OF 2024 IN CA/4772/2023 WITH CIVIL APPLICATION NO. 4772 OF 2023 IN SA/364/2021 BHAKTIRAM VISHRAM RATHOD DIED LRS. YASHODA AND ORS.

VERSUS

AMRUTLAL VISHRAM RATHOD DECEASED LRS. DHANGAURI AMRUTLAL RATHOD AND OTHERS ...

Mr. Shriram Deshmukh h/f Mr. Deshmukh Devang Rajendrraa, Advocate for Applicants ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 05/07/2024.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.3918 OF 2024 :

1.

Heard learned counsel, holding for Mr. Devang Deshmukh. 2.

The learned counsel for the respondents despite appearance, remained absent.

3.

The applicants are seeking condition of delay of 70 days in bring legal representatives of deceased non-applicant No.3 Ishwarlal Vishram Rathod, who admittedly died on 20/10/2023. The application is not opposed and hence, it stands allowed in terms of prayer clause-B & C subject to cost of Rs.500/- to be paid to the Registry of this court for utilization of Dispensary, High Court, Aurangabad, within two weeks.

2 936 ca 3918-24 4.

The amendment be carried out within a period of two weeks. 5.

Application is disposed of accordingly.

B) ORDER IN CIVIL APPLICATION NO.4772 OF 2023:

1.

Heard learned counsel, holding for Mr. Devang Deshmukh. 2.

The learned counsel for the respondents despite appearance, remained absent.

3.

The applicants are seeking condition of delay periods of 337 and 2233 days respectively in bring legal representatives of deceased non-applicant Nos.5 & 6, who admittedly died on 27/12/2021 and 18/10/2016 respectively. The application is not opposed and hence, it stands allowed in terms of prayer clause-B, C & D subject to cost of Rs.3,500/- to be paid to the Registry of this court for utilization of Dispensary, High Court, Aurangabad, within two weeks.

4.

The amendment be carried out within a period of two weeks. 5.

Application is disposed of accordingly.

6.

List Second Appeal No.364 of 2021 on 19/07/2024. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-