Kausalyabai Ramanlal Ladda And Another v. Shankar Khanuji Kothimbire And Others

922 ca 9475-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 9475 OF 2018 IN WP/594/2017 KAUSALYABAI RAMANLAL LADDA AND ANOTHER

VERSUS

SHANKAR KHANUJI KOTHIMBIRE AND OTHERS ...

Advocate for Applicants : Shri. D. N. Patki AGP for Respondent Nos. 2 & 3: Shri. S. R. Yadav Advocate for Respondent Nos. 1/A to 1/C : Shri. F. R. Tandale ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 24th NOVEMBER, 2018.

...

PER COURT :

1.

The applicants / petitioners pray for condonation of delay of 259 days and further pray that the LRs of deceased respondent No.1 Shankar Khanuji Kothimbre be brought on record.

2.

The LRs have been served by court notice.

3.

The learned Advocate appearing on behalf of the LRs opposes the application.

4.

For the reasons set out, this application is allowed. 5.

The delay of 259 days is condoned. Costs are not imposed as the petitioners are two widows, who are of

922 ca 9475-18.odt advanced age and having no source of income. Consequentially, the order of abatement as against Shankar Khanuji Kothimbre in the Writ Petition is recalled and the Writ Petition stands restored as against the deceased Shankar Khanjuji Kothimbre in view of the LRs having been brought on record.

6.

List the Writ Petition for admission on 17th December, 2018.

7.

Learned Advocate appears on behalf of LRs in the Writ Petition.

(RAVINDRA V. GHUGE, J.) vsm/-