Vishwanath Maruti Mane L.Rs. Dattu Vishwnath Mane And ORS. v. Hirkanbai Vishwambhar Salunke And ORS.

2024:BHC-AUG:8884 908 CA-4353-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 4353 OF 2024 IN SECOND APPEAL NO. 300 OF 1998 VISHWANATH MARUTI MANE THROUGH L.RS. DATTU VISHWNATH MANE AND OTHERS

VERSUS

HIRKANBAI VISHWAMBHAR SALUNKE AND OTHERS ...

Mr. S.N. Lale Yelwatkar - Advocate for Applicants Mr. H.B. Nandagavale h/f. Mr. V.G. Sakolkar - Advocate for Respondents ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 26th April, 2024 PER COURT :

1.

Heard rival submissions.

2.

The applicants who are the legal representatives of deceased respondent Nos.1 to 3 and seeking permission to bring themselves on record after condonation of delay mentioned in the application. Learned Counsel for the respondents submitted No Objection.

3.

However, it seems that the respondents are the appellants who in fact ought to have brought the applicants Pooja K.

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908 CA-4353-2024 on record. The maximum delay appears in this matter is around 14 years. As such, considering the conduct of respondents who are the appellants, application stands allowed in terms of prayer clauses 'B', 'C' and 'D' subject to cost of Rs.5,000/- (rupees Five Thousands only) to be paid by the respondents in this application to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad, failing which the appeal will stands dismissed. 4.

Application is disposed of accordingly.

5.

List the Second Appeal No.300 of 1998 on 5th July, 2024. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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