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Bombay High CourtCA/5616/2015admittedallowedgrantedrule absolute

Manohar Narsu Musle L.Rs. Sheshabai Manohar Musle And ORS v. Vijaykumar Shamrao Musle And ORS

2024-08-02Hon'Ble Shri Justice Kishore C. Sant2 pages

924ca5616.15 lrs & delay

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 5616 OF 2015 IN CA/486/2008 MANOHAR NARSU MUSLE L.RS. SHESHABAI L.RS. VASANT L.RS. HANMANT AND OTHERS

VERSUS

VIJAYKUMAR SHAMRAO MUSLE AND ORS ...

Advocate for Applicant Nos. 5 to 10 : Mr. Shelke Manoj Uttamrao Advocate for Respondent No.2 in SAST : Mr. V.V.Ingale ...

CORAM : KISHORE C. SANT, J.

DATE : 02nd AUGUST, 2024.

PER COURT :

1.

This application is for bringing on record the legal representatives of the deceased Laxman Musale, respondent No. 3, who died on 23.11.2000. He is survived by the legal representatives who are shown in paragraph No. 3 of the application. There is delay of 5158 days.

2.

For the reasons stated in the application the delay stands condoned. Though the delay appears to be of heavy but

924ca5616.15 lrs & delay the reason assigned is that the deceased was residing at some other place and therefore the applicants were not aware of his death. This Court is not much convinced by the said reason, however, in the interest of justice the application is allowed with cost. The applicant shall pay cost of Rs. 5,000/- (Rs.Five Thousand Only) to be paid to respondent Nos.1 and 2 in this application within two weeks from today.

3.

The Civil Application stands allowed in above terms and is disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/