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Bombay High CourtCA/6815/2024admittedallowedgrantedrule absolute

Tukaram H Jadhav (Died)Lrs Ananda L.Rs. Gangadhar Anandrao Jadhav And ORS v. Kundlik Maroti Jadhav And Others

2024-08-06Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 916 CA-6815.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 6815 OF 2024 IN SA/821/1999 TUKARAM H.JADHAV(DIED)LRS ANANDA T.JADHAV AND ORS

VERSUS

KUNDLIK MAROTI JADHAV AND OTHERS WITH CIVIL APPLICATION NO. 1564 OF 2024 IN SA/821/1999 SAKHARAM LAXMAN LOTHE THROUGH LRS SHESHRAO SAKHARAM LOTHE AND OTHERS

VERSUS

KUNDLIK MAROTI JADHAV AND OTHERS ...

Mr. S.P. Salgar, Advocate holding for Mr. V.P. Latange, Advocate for applicants in CA No. 6815 of 2024.

Mr. P.S. Agrawal, Advocate for applicants in CA 1564 of 2024. Mr. B.S. Kudale, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

6 AUGUST 2024 ORDER:- IN CIVIL APPLICATION NO. 6815 OF 2024 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring on record legal representatives of deceased appellant No.1-A Ananda Tukaram Jadhav, who admittedly died on 04.05.2022, by condoning the delay of 611 days. Though the application is opposed, but considering the right to sue, the the application

(2) 916 CA-6815.2024.odt is allowed in terms of prayer clauses (B) and (C) subject to cost of Rs. 1,000/- to be deposited with Registry of this court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. The application is accordingly disposed of. IN CIVIL APPLICATION NO. 1564 OF 2024 :

1.

Heard rival submissions.

2.

The applicants are seeking permission to bring themselves on record being legal representatives of deceased appellant No.3 Sakharam Laxman Lothe, who admittedly died on 30.09.2020, by condoning the delay of 1021 days. Though the application is opposed, but considering the right to sue, the the application is allowed in terms of prayer clause (B) subject to cost of Rs. 1,500/- to be deposited with Registry of this court for utilization of High Court Dispensary, Bench at Aurangabad within two weeks. Necessary amendment be carried out within stipulated period. The application is accordingly disposed of.

(SANDIPKUMAR C. MORE, J.) VD_Dhirde