Dada Keru Vidhate And ORS v. Bajirao Keru Vidhate And ORS

2024:BHC-AUG:10456 26 SA 5916-2011

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 5916 OF 2011 IN SECOND APPEAL NO. 1660 OF 2004 DADA KERU VIDHATE AND OTHERS

VERSUS

BAJIRAO KERU VIDHATE AND OTHERS ...

Mrs. C.S. Deshmukh - Advocate for Applicants Mr. Shriram Deshmukh h/f. Mr. D.R. Deshmukh - Advocate for Respondent Nos.1, 2 and 4 Mr. D.B. Bhange - AGP for Respondent No. 6, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th June, 2024 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring legal representatives of deceased respondent No. 3 - Vijay Bajirao Vidhate, who admittedly died on 22.02.2007, by condoning the delay of 1445 days.

3.

Though the application is opposed strongly by the learned Counsel for the respondents but considering the right to sue, the application stands allowed in terms of Pooja K.

1/2

26 SA 5916-2011 prayer clauses 'B' and 'C', subject to cost of Rs.2,500/- (rupees Two Thousands Five Hundreds only) to be paid to the Library, Advocates Association of High Court, Bombay, Bench at Aurangabad within two weeks.

4.

Necessary amendment be carried out, after deposit of cost.

5.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

2/2